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How Is Spousal Maintenance Calculated in an Illinois Divorce?

Posted on in Spousal Maintenance

Naperville spousal maintenance attorneyThere is no guarantee that either spouse will receive spousal maintenance in an Illinois divorce. Though 40 or 50 years ago, spousal support or alimony was rather common in divorces, today it is more of an exception to the rule, rather than the rule itself. There are a few situations in which you might receive spousal maintenance. Your case might involve spousal maintenance if you and your spouse have a significant difference in income or if one of you sacrificed your career to stay home and raise the kids or take care of family responsibilities. Whatever the case, there is a formula used to determine the amount of maintenance to be paid in Illinois.

How to Calculate Spousal Maintenance

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifies the formula that is used to determine how much spousal maintenance is to be paid and how long those payments will last. The formula contained in the act applies to couples whose combined gross annual income is less than $500,000. Anything more than that, and the court can use its discretion to determine an appropriate amount of maintenance.

Currently, spousal maintenance is calculated by taking 33.3 percent of the payor’s net annual income and subtracting 25 percent of the payee’s net annual income. The result of that calculation is the annual amount of spousal maintenance that must be paid. To determine the monthly payment amount, the annual spousal maintenance amount is divided by 12. It is also important to note that the payee's net annual income and the amount of maintenance, when added together, cannot be higher than 40% of the couple's combined net annual income.

To determine the number of years that maintenance is to be paid, the IMDMA provides a list of multiplying factors that correspond with the number of years a couple was married. To determine the duration of the payments, the appropriate percentage is multiplied by the actual length of the marriage. For example, if a couple was married for 10 years, the multiplying factor is .44, so the duration of maintenance would be 4.4 years.

Questions About Spousal Maintenance? Contact a DuPage County Family Law Attorney Today

The calculations can be fairly straightforward when it comes to spousal maintenance; however, if you have other situations that factor into the calculations, such as a previous marriage or other support obligations, the numbers can get confusing. At the Goostree Law Group, we understand how important spousal maintenance can be to a person. Our skilled Naperville, IL spousal support lawyers can go through your finances with you and advocate for a maintenance award that will meet your needs and protect your financial security. Call our office today at 630-364-4046 to schedule a free consultation.

Sources:

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

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