The Illinois Marriage and Dissolution of Marriage Act governs the distribution of alimony, also known as spousal support or spousal maintenance in Illinois. These laws were substantially amended in 2019, and the formulas below refer to all divorces filed in 2019 or later.
In Illinois, the basic alimony formula is as follows:
(33% of the payer’s net income) – (25% of the recipient’s net income) = the yearly maintenance paid.
One caveat is that the sum awarded cannot result in the receiving partner earning more than 40% of the couple’s total net income.
*Please remember these are estimates only, and the amounts shown are based on your inputs alone and do not include the financial impact of dividing assets or debts. This calculator is intended only to give a general idea of spousal maintenance calculations.
The duration of spousal support or maintenance payments in Illinois is primarily determined by the period of the marriage. Payments will be made for a percentage of the years of marriage, with the percentage increasing as the marriage progresses, as seen below.
This ensures that if alimony is ordered after a ten-year marriage, the payments will be made for 4.4 years.
Keep in mind that these are just the fundamentals of how spousal support is calculated; other variables may have an impact on the amounts. Please contact our office today to arrange a free consultation to discuss your specific circumstances in greater detail. Call 312-445-8830 now to get help with your divorce and alimony questions.
In general, the formulas outlined above would apply if a couple’s gross annual income is less than $500,000 and the paying partner is not currently subject to any child support orders. Also outside of these situations, though, the same formulas are often used to determine support.
|Payer’s Monthly Income
|Receiver’s Monthly Income
|Estimated Monthly Maintenance Award
* Note: The above table does not reflect maintenance duration.
Spousal maintenance is intended to assist a former spouse in achieving financial stability after the divorce. It’s important to remember, though, that not all Illinois divorces result in child support. When deciding whether alimony is needed, the following factors will be considered:
No two divorces are the same, so it’s in your best interests to speak with an experienced local divorce attorney about your unique circumstances and priorities if you’re considering divorce. To learn more about how SLG Family Law may be able to help you, contact us today for a free case consultation.
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