Does Illinois have alimony? Yes, Illinois does provide for spousal support, known as "maintenance." It's granted based on various factors including income, marriage duration, and living standards. But how exactly is maintenance calculated and what exceptions apply? Let's explore the complexities of Illinois' alimony laws.
Does Illinois have alimony?
Does Illinois have alimony?
Yes, Illinois does have provisions for spousal support, which is similar to alimony. In Illinois, spousal support is referred to as "maintenance." Maintenance may be awarded to either spouse in a divorce or legal separation proceeding. The court will consider various factors, such as the income and earning potential of each spouse, the length of the marriage, the standard of living established during the marriage, and the needs of each spouse, among others, when determining whether to award maintenance and the amount and duration of such payments. Illinois law provides guidelines for calculating maintenance, but courts have discretion to deviate from these guidelines based on the specific circumstances of the case
Illinois Alimony Calculator
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.
How long will my Spousal Maintenance payments last?
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:
- Married less than 5 years: 0.20
- Married 5 years: 0.24
- Married 6 years: 0.28
- Married 7 years: 0.32
- Married 8 years: 0.36
- Married 9 years: 0.40
- Married 10 years: 0.44
- Married 11 years: 0.48
- Married 12 years: 0.52
- Married 13 years: 0.56
- Married 14 years: 0.60
- Married 15 years: 0.64
- Married 16 years: 0.68
- Married 17 years: 0.72
- Married 18 years: 0.76
- Married 19 years: 0.80
Married For 20 years or more: Courts can choose to order permanent spousal maintenance or maintenance for a length equal to the length of the marriage.
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.
Are there exceptions to the Illinois Spousal Maintenance Formula?
Are there exceptions to the Illinois Spousal Maintenance Formula?
Generally, the formulas apply if the couple's combined annual income is under $500,000 and the paying spouse isn't subject to existing child support orders. Yet, even beyond these conditions, the same formulas are frequently utilized to determine support. Therefore, while these guidelines provide a framework for calculating spousal maintenance, there may be instances where deviations occur. Understanding the nuances and potential exceptions within the Illinois spousal maintenance framework is crucial for individuals navigating divorce proceedings or seeking to establish fair support arrangements.
Illinois Spousal Maintenace Calculation Examples
| Payer’s Monthly Income | Receiver’s Monthly Income | Estimated Monthly Maintenance Award |
|---|---|---|
| $3,000 | $1,000 | $600 |
| $4,000 | $1,000 | $1,000 |
| $5,000 | $1,000 | $1,300 |
| $6,000 | $1,000 | $1,600 |
| $7,000 | $1,000 | $1,900 |
| $8,000 | $1,000 | $2,200 |
Note: The above table does not reflect maintenance duration.
Will I be awarded Alimony in Illinois?
Spousal maintenance, commonly known as alimony, serves to aid a former spouse in achieving financial independence post-divorce. However, its allocation in Illinois divorces is not universal. Several factors shape the decision-making process:
- Each spouse’s income and property, with consideration to the division of marital assets
- Each spouse’s financial need
- The current and future earning potential of both spouses
- Any negative impacts on the earning potential of the spouse seeking maintenance due to marriage or childcare arrangements
- Any potential impairment to the earning potential of the spouse paying maintenance
- The length of time needed for the spouse receiving maintenance to seek education or job training to improve their earning potential
- The standard of living established during the marriage
- How long the marriage lasted
- Other factors potentially related to employability, such as a spouse’s age or physical health
- Any other sources of public or private income
- Tax obligations that may be created by the division of marital property
- Contributions one party may have made to the education or earning potential of the other partner
- Any prenuptial or post-nuptial agreements
- Factors deemed by the court to be “just and equitable”
Understanding these factors is crucial for spouses navigating divorce proceedings in Illinois, as they shape the likelihood of receiving alimony.
Contact Our Trusted Alimony Attorneys
Divorces are never exactly the same, so if you're thinking about getting a divorce, it's essential to talk to a knowledgeable local divorce lawyer about your unique situation and your legal objectives.
Contact ACC Law for more detailed information at:
- Hotline: 19003330
- Mobile: 084.696.7979
- Zalo: ACC Law Firm
- Office: (028) 777.00.888
- Mail: [email protected]
At Main Office: Ho Chi Minh City: 39 Hoang Viet, Ward 04, Tan Binh District, City. Ho Chi Minh.
Or other branches of ACC Law:
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FAQ - Frequently Asked Questions
-
Does Illinois have alimony?
Yes, Illinois does have provisions for spousal support, which is similar to alimony. In Illinois, spousal support is referred to as "maintenance." Maintenance may be awarded to either spouse in a divorce or legal separation proceeding. The court considers various factors, such as the income and earning potential of each spouse, the length of the marriage, the standard of living established during the marriage, and the needs of each spouse, among others, when determining whether to award maintenance and the amount and duration of such payments.
-
How long will my Spousal Maintenance payments last?
In Illinois, the length of spousal support or maintenance payments depends largely on the length of the marriage. The length of payments is a percentage of the years of marriage, and the percentage increases with the length of the marriage. For example, for a marriage of 10 years, the payments will last for 4.4 years.
-
Are there exceptions to the Illinois Spousal Maintenance Formula?
Generally, the formulas apply if the couple's combined annual income is under $500,000 and the paying spouse isn't subject to existing child support orders. Yet, even beyond these conditions, the same formulas are frequently utilized to determine support. Therefore, while these guidelines provide a framework for calculating spousal maintenance, there may be instances where deviations occur.
-
Will I be awarded Alimony in Illinois?
Spousal maintenance, commonly known as alimony, serves to aid a former spouse in achieving financial independence post-divorce. However, its allocation in Illinois divorces is not universal. Several factors shape the decision-making process, including each spouse’s income and property, financial need, earning potential, and the length of the marriage, among others. Understanding these factors is crucial for spouses navigating divorce proceedings in Illinois, as they shape the likelihood of receiving alimony.
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