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The allocation of alimony, also referred to in Illinois as spousal support or spousal maintenance, is governed by the Illinois Marriage and Dissolution of Marriage Act. In 2019, these laws were changed significantly, and the formulas below apply to all divorces that were filed in 2019 or later.
The basic formula for alimony in Illinois is fairly simple:
(33% of the payer’s net income) – (25% of the recipient’s net income) = the yearly maintenance paid.
One condition to this is that the amount awarded cannot cause the receiving spouse to earn more than 40% of the couple’s combined net income.
In Illinois, the length of spousal support or maintenance payments will be largely dependent on the length of the marriage. The length of payments will be a percentage of the years of marriage, and the percentage increases with the length of the marriage, as shown below.
This means that if alimony is ordered following a 10-year marriage, the payments will last for 4.4 years.
Remember that these are only the basics of how spousal support is calculated, and other factors can influence the amounts. For a more detailed review of your particular circumstances, please contact our office today to schedule a free consultation. Call us now to get help with your divorce and alimony questions.
Generally speaking, the formulas described above will apply as long as a couple’s combined annual income is less than $500,000 and the paying spouse is not already under any previous child support orders. However, even outside of these circumstances, the same formulas are often used for determining 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 meant to help a former partner gain independence who may otherwise struggle financially after the divorce. But it’s important to note that support is not awarded in all Illinois divorces. The factors that will be considered when determining if alimony is necessary include:
No two divorces are exactly alike, and if you’re facing divorce, it’s in your best interest to discuss your specific circumstances and goals with an experienced local divorce attorney. Contact Women’s Divorce Group today to schedule a case consultation and learn how we may be able to assist you.