How Is Alimony Calculated in Illinois?

 Posted on August 19,2024 in Maintenance

Divorce is usually never an easy situation to deal with, especially when it comes to financial matters. One of the most significant financial considerations in a divorce is alimony, also known as spousal maintenance. An Illinois lawyer can help you learn how alimony is calculated and how to navigate this area of your divorce more effectively.

Factors Considered in Alimony Calculations

Illinois courts consider several factors when determining whether to award alimony and how much to award. These factors encompass both financial and personal aspects of the marriage. The court examines the income and property of each spouse, as well as their individual needs and earning ability.

The calculation also includes any decrease in earning potential resulting from household duties, such as raising children. If one spouse will be paying the other alimony, the court considers the time necessary for the spouse seeking maintenance to acquire education or training for appropriate employment.

Courts also take into account the standard of living established during the marriage, the length of the marriage, and the age and health of both spouses. Finally, the court factors in any contributions made by one spouse to the education or career of the other.

How Illinois Calculates Alimony

Illinois uses a specific formula to calculate the amount and duration of alimony. This formula applies to couples with a combined gross income of less than $500,000 and where the payor is not paying child support or maintenance from a previous relationship.

The formula is as follows:

Amount

Illinois uses a specific formula to determine the amount of alimony. First, the court calculates 33.3 percent of the paying spouse's net income. Then, it subtracts 25 percent of the receiving spouse's net income from this amount. The result is the initial alimony figure. However, there is an important limit: The total of the calculated maintenance plus the receiving spouse's net income cannot surpass 40 percent of the combined net income of both parties. If it does, the alimony amount is reduced to meet this cap.

Duration

The court calculates the duration of alimony payments as a percentage of the length of the marriage, with the percentage increasing for longer marriages. For example:

• For marriages under five years: 20 percent of the marriage duration

• For five-year marriages: 24 percent of the marriage duration

• For six-year marriages: 28 percent of the marriage duration

• For seven-year marriages: 32 percent of the marriage duration

• For eight-year marriages: 36 percent of the marriage duration

This pattern continues, with the percentage increasing by four percent for each additional year of marriage. For example, a nine-year marriage would use 40 percent, a 10-year marriage 44 percent, and so on.

When marriages last 20 years or longer, the court can choose between two options: permanent maintenance or maintenance equal to the length of the marriage.

Modifying Alimony

Alimony orders can be changed if there is a major shift in circumstances, such as:

• A substantial increase or decrease in either party’s income

• Remarriage of the receiving spouse

• Cohabitation of the receiving spouse with another person on a resident, conjugal basis

• Retirement of the paying spouse

Contact an Arlington Heights, IL Alimony Lawyer

If you are going through a divorce and have questions about alimony, it is essential to reach out to an Arlington Heights, IL family law attorney. Call A. Traub & Associates at 847-749-4182 to set up a private consultation.