Can I Negotiate for More Alimony?

 Posted on February 20, 2025 in Spousal Maintenance

If you are considering divorce in Illinois, you may be wondering whether you can negotiate for more alimony. Alimony is also known as spousal maintenance or spousal support and is meant to help a lower-earning or non-earning spouse maintain financial stability after divorce.

Whether you can get higher payments depends on several factors, including your financial situation, the length of your marriage, and your spouse’s ability to pay. Before filing for divorce, make sure you understand the basics of Illinois alimony laws and meet with an Illinois divorce lawyer for specific advice.

The Basics of Alimony in Illinois

Spouses are encouraged to negotiate a property settlement, including alimony, that works for them both. If a divorcing couple can reach a fair settlement with which they both agree, a judge will probably approve it.

In situations where a couple cannot reach an agreement on their own, the court may award spousal maintenance if one spouse has a financial need and the other is able to pay. Alimony is not automatic; it must be requested during the divorce process.

Spousal maintenance is meant to provide financial support to help a spouse move toward independent financial living. It is often given when one spouse sacrifices their career to raise children or support the other spouse’s career. The goal is not to punish or reward anyone but rather to ensure one person is not left penniless when there is a significant financial imbalance between two divorcing spouses.

Factors That Determine Alimony Amounts in Illinois

Illinois law has specific factors courts consider when awarding alimony, including:

• The length of the marriage
• The income and property of each spouse
• The needs of each spouse
• The earning capacity of the spouse seeking maintenance
• Contributions made to the marriage, including childcare and household work
• The standard of living during the marriage

In many cases, Illinois uses a formula to decide alimony payments. The typical formula is 33.3 percent of the paying spouse’s net income minus 25 percent of the receiving spouse’s net income. The recipient cannot receive more than 40% of the couple’s combined net income in alimony.

Can You Negotiate for More Alimony in a Divorce?

While Illinois law provides guidelines for calculating alimony, there is room for negotiation. You may be able to argue for higher maintenance payments based on your specific circumstances.

Women who have been stay-at-home mothers or homemakers may need additional support because they have been out of the workforce for years. In such cases, rehabilitative maintenance may be appropriate. This type of support is intended to help a spouse gain education or job training to become financially independent.

If you are divorcing a high-net-worth spouse, the statutory formula may not apply. Instead, courts have discretion to award maintenance based on factors such as the marital standard of living, investments, and the complexity of assets. In high-income divorces, permanent or long-term maintenance may be awarded, especially if the marriage lasted 20 years or more.

Contact a Batavia, IL Alimony Attorney for a Free Consultation

If you are considering divorce and want to negotiate for more alimony, you need an experienced attorney who understands Illinois spousal maintenance laws. A Kane County, IL spousal support lawyer can review your case, explain your options, and advocate for the financial support you deserve. Contact Van Larson Law, P.C. today at 630-879-9090 for a free consultation.