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How Spousal Maintenance Is Calculated in Illinois

Posted on in Spousal Support

If you are going through a divorce, you may wonder if you’re entitled to financial support from your spouse. Spousal maintenance is the term that the state of Illinois uses instead of alimony, though they are the same thing. In the past, courts viewed alimony as payments from the husband to continue his obligation to support his wife. Now, spousal maintenance is awarded to either spouse depending on a variety of factors.

Determining Factors for Spousal Maintenance Eligibility

When you seek maintenance from your spouse, the court will first determine whether or not you are eligible to receive these payments. In Illinois, eligibility determinations are based on these factors:

  • The income and property of each person, including marital property that has already been divided and property that has been deemed non-marital property;
  • The needs of each person;
  • The present and future earning capacity of each person;
  • Hindrances to earning capacity of the person seeking maintenance due to the person devoting time to domestic duties (such as a stay-at-home parent);
  • Hindrances to earning capacity of the person to pay maintenance;
  • The time needed for the person seeking maintenance to be able to fully support himself or herself, or parental responsibility arrangements and its effect on them;
  • The standard of living during the marriage;
  • The length of the marriage;
  • The age, health, income, employability, and needs of each person;
  • All sources of income, including retirement and disability payments;
  • Tax consequences of property division;
  • Contributions by the person seeking maintenance to the education or career of the other spouse; and
  • Any valid agreement of the parties, such as a prenuptial or postnuptial agreement.

Maintenance Amount Calculation

If the court decides that you are eligible for spousal maintenance payments, they will then determine the amount to be paid. The payment amount is determined by the following formula: 20 percent of the receiver’s income - 30 percent of the payer's income = payment amount.

Illinois law says that this calculation is applicable to any couple whose combined annual income is less than $500,000. It also says that the total should not be more than 40 percent of the couple’s combined income when adding the payment to the receiver’s income.

Duration of Spousal Maintenance

The duration of the maintenance is calculated depending on the length of the marriage. To calculate the duration of the payments, multiply the number of years you were married by the corresponding number to the duration of the marriage. The following amounts are not all of the multiplying factors, but a general idea of which amounts are used depending on the length of the marriage.

  • Less than 5 years: 0.20;
  • Between 5 - 10 years: 0.24 - 0.44;
  • Between 10 - 15 years: 0.44 - 0.64;
  • Between 15 - 20 years: 0.64 - 0.80; and
  • Twenty or more years: For a marriage of 20 or more years, the court will order payments for as long as you were married or for an indefinite amount of time.

Consult with a DuPage County Divorce Lawyer

If you are going through a divorce, you know how stressful and tiring it can be. Determining spousal maintenance payments can be tricky, but with the help of a committed Illinois divorce lawyer, you can be sure you’re getting the support you deserve. Contact the Law Office of Matthew M. Williams to see how you can come out of the divorce on top. Call 630-409-8184 to schedule a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

http://www.divorcesource.com/ds/illinois/illinois-alimony-4826.shtml

The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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