The Impact of Employment Status on Alimony Payments in Illinois

 Posted on December 17, 2024 in Divorce

Alimony, which is officially known in Illinois as spousal support or spousal maintenance, is a payment that one spouse makes to the other after they separate or get a divorce. These payments are meant to ensure that the lower-earning or non-earning spouse can maintain a standard of living similar to what they had during the marriage. 

Spousal maintenance is not automatically awarded and so it is not a given aspect of all divorces. Even if it is granted, the amount of money one spouse pays the other is determined by several factors, including each of the spouses’ employment status. A knowledgeable Illinois family law attorney can review your financial information and explain how you and your spouse’s employment can impact your alimony arrangements.

Employment Status of Receiving Spouse

A spouse who is unemployed or earns significantly less than the other spouse is more likely to receive spousal maintenance. This is because the court recognizes the challenges someone can face when forced into financial independence right after a divorce, especially if they sacrificed their career to support the family or care for children during the marriage. In such cases, spousal maintenance provides temporary financial assistance while the receiving spouse works toward becoming self-sufficient, for example, by finding a job or completing additional education or training.

On the other hand, if the spouse seeking support is already employed and earns enough to meet their financial needs, they may receive little to no spousal maintenance. Courts try to strike a balance between ensuring that the lower-earning spouse gets the help they need and not placing an excessive burden on the paying spouse. Therefore, it is important to gather detailed information about income and expenses.

Employment Status of Paying Spouse

If the person who would normally pay spousal support due to higher average income is unemployed or earns less than they did during the marriage, this could reduce the amount of support they are required to pay. Courts consider the payer’s ability to make payments while still meeting their own living expenses. If a paying spouse loses their job or experiences a significant pay cut, they can request a modification of the spousal support order. 

How is Potential Income Calculated?

Another important factor is potential income. Courts might look at what someone could reasonably earn, in addition to their current employment status. For example, if a spouse has an impressive resume that would make him or her a great candidate for a high-paying job but has voluntarily chosen not to work currently, the court might calculate spousal support based on their potential income rather than their actual earnings. This prevents either spouse from manipulating their employment status to influence spousal support.

Temporary changes in employment status can also impact these payments. If one spouse loses their job, courts might grant a temporary reduction in payments until they find new employment. However, such changes are typically reviewed periodically to ensure they reflect the current circumstances of both parties.

Contact a Schaumburg, IL Family Law Attorney

Your and your spouse’s employment status directly affects alimony payments because it impacts both the recipient’s financial needs and the payer’s ability to pay. If you are concerned about how your employment might impact your spousal maintenance arrangement, speak with an experienced Schaumburg, IL divorce lawyer who can explain how these decisions are made. At A. Traub & Associates, we are passionate about helping our clients reach fair agreements that protect their rights and interests. Call us at 630-426-0196 to schedule a private consultation.