Alimony, also called spousal maintenance, is financial support one spouse may pay to the other after divorce. In Illinois, courts use a formula and several factors to decide the amount and duration of payments. Understanding these guidelines can help you know what to expect.
Income-based formula
Illinois law provides a formula to calculate maintenance for couples with a combined gross income of less than $500,000. The standard formula subtracts 25% of the recipient’s income from 33.3% of the payer’s income. The result is the yearly maintenance amount, which cannot make the recipient’s total income exceed 40% of the couple’s combined earnings.
For example, if one spouse earns $100,000 and the other earns $30,000, the calculation would take 33.3% of the higher income and subtract 25% of the lower income. This would result in an annual maintenance payment of $25,800.
Factors affecting maintenance decisions
If the couple’s income exceeds $500,000 or if special circumstances apply, the court may adjust or disregard the formula. Judges consider several factors when determining maintenance, including the length of the marriage, the financial needs of both spouses, and their earning potential. The court also looks at contributions made to the marriage, such as homemaking or supporting a spouse’s career, as well as the standard of living during the marriage. Each case is unique, so the court examines these details to ensure fairness.
How long does maintenance last?
The duration of maintenance depends on how long the marriage lasted. For shorter marriages, payments may last for only a fraction of the marriage length. In a marriage lasting ten years, maintenance could continue for about 40% of that time. For marriages of 20 years or more, the court may order permanent maintenance. Payments automatically end if the recipient remarries or begins cohabitating with a new partner.
When can maintenance be changed?
Maintenance can be modified if there is a significant change in circumstances. Either spouse can request a review to adjust payments based on new financial conditions. Illinois courts aim to ensure fair financial support based on both spouses’ needs and abilities.
