How To Calculate Spousal Maintenance or Alimony in Illinois

Divorce Attorneys for Spousal Support and Maintenance in DuPage County

On January 1, 2016, the current spousal maintenance statute in Illinois went into effect. Some adjustments were also made to these laws in 2019. Spousal support is now calculated using two main factors: the net income of the spouses and the length of the marriage. Under the formula defined in the statute, maintenance is calculated by taking 33.3 percent of the net income of the spouse who earns more and subtracting 25 percent of the net income of the spouse who earns less. However, the amount of maintenance plus the net income of the party receiving maintenance cannot exceed 40% of the parties' combined net income.

Issues Affecting Spousal Support

• How long spousal maintenance is paid depends on the length of the marriage. The number of years of the marriage is multiplied by a percentage specified in the spousal maintenance statute. For example, if the couple was married for 7 years, then the number 7 is multiplied by 32 percent. This means that maintenance will be paid for 2.24 years. The statute outlines the percentages that coincide with the duration of the marriage as follows: 0-5 year marriage: Number of years of the marriage is multiplied by 20 percent
• 5-6 year marriage: Number of years is multiplied by 24 percent
• 6-7 year marriage: Number of years is multiplied by 28 percent
• 7-8 year marriage: Number of years is multiplied by 32 percent
• 8-9 year marriage: Number of years is multiplied by 36 percent
• 9-10 year marriage: Number of years is multiplied by 40 percent
• 10-11 year marriage: Number of years is multiplied by 44 percent
• 11-12 year marriage: Number of years is multiplied by 48 percent
• 12-13 year marriage: Number of years is multiplied by 52 percent
• 13-14 year marriage: Number of years is multiplied by 56 percent
• 14-15 year marriage: Number of years is multiplied by 60 percent
• 15-16 year marriage: Number of years is multiplied by 64 percent
• 16-17 year marriage: Number of years is multiplied by 68 percent
• 17-18 year marriage: Number of years is multiplied by 72 percent
• 18-19 year marriage: Number of years is multiplied by 76 percent
• 19-20 year marriage: Number of years is multiplied by 80 percent
• 20 years or more of marriage: Maintenance will be paid for 100 of the length of the marriage, or it may be paid indefinitely

There are some situations in which the spousal support formula does not apply. For instance, if the divorcing couple's combined gross income is $500,000 or more, the support guidelines will not apply, and the amount and duration of support may be determined based on what a family court judge determines is appropriate based on the situation. In addition, if the spouse who earns more has a support obligation from a previous marriage or relationship, the amount of support they pay may be deducted from their income prior to calculating the amount of spousal support they will be required to pay. Finally, the court is granted the discretion to award more or less maintenance than what the support guidelines dictate, although a judge is required to specify the reasons for this deviation from the guidelines.

Contact Our DuPage County Spousal Maintenance Attorneys

Due to ongoing changes to family-related laws in Illinois, calculating child support and spousal support can be difficult and complex. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you determine exactly how much you may be required to pay or how much you may receive through spousal support. If you need to address issues related to spousal maintenance in your divorce, schedule a consultation with our attorneys. Call us at 630-665-7300 or contact us online. We serve clients in Kane County and DuPage County.