Spousal Maintenance Considerations for Women Getting Divorced After a Long-Term Marriage

 Posted on March 20, 2023 in Family Law

An increasing number of men and women in long-term marriages are calling it quits. More than one in four people getting divorced in the country is over 50 years old, and more than half of those couples have been married for 20 years or more. Unfortunately, the financial impact is often the hardest on women who, on average, see their standard of living decline by 45 percent after a divorce. If you need help understanding spousal maintenance and how it can help you continue enjoying your current lifestyle, at Law Office of Martoccio & Martoccio we are happy to assist.

Striving for an Equitable Divorce

First of all, there is a myth that spousal support is paid by an ex-husband to his ex-wife, perhaps as punishment for infidelity. However, spousal support is awarded based on a couple's financial circumstances and needs. This is particularly significant for women seeking a mid-life divorce. Studies show that women are more likely to live below the federal poverty line compared to men. 

Women, particularly mothers, settle for lower-paying jobs because they may be more flexible, allowing them to care for their children or aging parents.

We suggest that you fight for what you will need long-term. Make sure the division of assets is equitable and that you get your fair share in the divorce settlement. You must consider the division of marital assets which include pension plans and stock options. Couples must also negotiate marital debt and make arrangements for child support and spousal maintenance.

Spousal Maintenance Formula

There are formulas provided under Illinois law to calculate the amount and length of spousal maintenance. This is the standard formula used once the court deems spousal support is necessary: 33% of the payer's net income – 25% of the recipient's net income = the yearly maintenance paid. 

Longer marriages are often granted support awards, and in cases where the marriage has lasted for two decades or longer, the court may order permanent maintenance.

Elements for Spousal Support Consideration

In Illinois, to determine the necessity of spousal maintenance, the court must consider some of the following elements:

• Age and health of each spouse

• Needs of each spouse

• Income, property, and financial resources of each spouse

• Earning impairments of a spouse

• Ability and time needed for the spouse seeking support to become self-sufficient

• Lifestyle established

• Tax consequences of the property division

• Contributions made by the spouse seeking support, to the other spouse’s career

• A prenuptial or postnuptial agreement

Contact a DuPage County Spousal Support Lawyer

If you are planning to get a mid-life divorce, we can help. The skilled team at Law Office of Martoccio & Martoccio has over 35 years of experience handling divorce and family law matters. A Hinsdale spousal maintenance attorney from our firm will aggressively protect your interests so that you receive what you are entitled to. Call 630-920-8855 for a free consultation.

Sources:

https://www.bgsu.edu/ncfmr/media-events/ncfmr-in-the-news/ncfmr-in-the-news-2019.html

https://www.everydayhealth.com/emotional-health/why-more-couples-are-divorcing-at-older-ages-than-before-and-what-you-can-do-to-avoid-it/