Schaumburg Maintenance Calculator

Alimony, spousal support, or spousal maintenance; no matter what you call it, it’s something that many divorcing spouses must deal with. Whether you are going to be paying this type of support or receiving it, calculating the correct amount is essential to your divorce. An experienced Illinois divorce lawyer can help you calculate how much spousal maintenance you should receive or pay. 

Calculating Spousal Support in Illinois

In Illinois, spousal support or spousal maintenance falls under the Illinois Marriage and Dissolution of Marriage Act. In 2019, the state government made substantial changes to these laws. All divorces filed in 2019 or later will follow this formula when calculating alimony:

(33 percent of the paying spouse’s net income)

– (25 percent of the receiving spouse’s net income)

= Annual maintenance paid

However, the receiving spouse can’t receive more in spousal support than 40 percent of the couples combined net income.  

How Long Can Spousal Support Last in Illinois?

It’s best to check with your Illinois divorce attorney to determine how long you might be expected to pay or receive alimony. Generally, the longer you were married, the longer spousal support can be ordered. The duration of payments will be a percentage of how long you were married. The longer the marriage, the longer you will pay child support. For example, the number of years married corresponds to the percentages below:

• Married less than five years: 0.20
• Married five years: 0.24
• Married seven years: 0.32
• Married ten years: 0.44
• Married 12 years: 0.52
• Married 15 years: 0.64
• Married 17 years: 0.72
• Married 19 years: 0.80

Using this chart, if alimony is ordered after you’ve been married for ten years, the payments will last for 4.4 years.

Suppose you were married for 20 or more years. In that case, Illinois judges could choose to order permanent spousal maintenance or for a duration equal to the length of the marriage.

Typically, these percentages will apply as long as a couples’ combined yearly income is less than $500,000. It also only applies if the paying spouse isn’t subject to any previous child support orders. However, the same formulas are often used for determining support even if there are previous child support orders or the couple makes more than $500,000 annually.

Who Receives Alimony in Illinois Divorcing?

Spousal maintenance is intended to assist a former spouse in becoming financially independent who might otherwise struggle financially after the divorce. Keep in mind that spousal support isn’t awarded in all Illinois divorces. The court will look at several different factors to determine if alimony is warranted. These factors might include:

• Each spouses’ income and property, including how the division of marital assets
• The financial needs of each spouse
• The current and future earning potential of each spouse
• If the spouse wanting to receive alimony was hindered in their earning potential due to the marriage or childcare arrangements 
• Any possible impairment to the earning potential of the spouse paying maintenance
• How much time the receiving spouse needs to obtain education or job training to increase their earning potential or employability
• The standard of living within the marriage
• The duration of the marriage
• Other factors that might impact employability, such as a spouse’s age or physical health
• Other sources of public or private income
• Tax obligations potentially created by how the marital property is divided
• Contributions one spouse may have made to the earning potential or education of the other 
• If there are valid prenuptial or post-nuptial agreements
• Factors the court considers “just and equitable”

Talk to a Knowledgeable Illinois Divorce Lawyer

Spousal support can be one of the most stress-inducing and contentious issues in a divorce. When you hire a knowledgeable Illinois divorce attorney from the Suburban Law Group, LLC, you can be assured that you have an advocate on your side who will fight for what you deserve. Contact us today to learn more about our services and how Illinois alimony laws might impact your divorce.