If you are getting divorced in Chicago, you may need to get familiar with spousal maintenance, which is more commonly called alimony. This is financial support that you may pay or receive from the other during or after a divorce. Learn more about spousal maintenance statutory guidelines below, then talk to our Chicago spousal maintenance lawyers for assistance.
How Spousal Maintenance Is Calculated In Illinois
Statutory guidelines for determining spousal maintenance are usually applied when your combined gross incomes are under $500,000. Also, the guidelines typically apply when the payor does not have other maintenance obligations.
To determine the amount to be paid under statutory guidelines, take 33% of the payor’s net income and deduct 25% of the receiving spouse’s net income. However, if the guideline amount for alimony or maintenance when added to the payee’s net income, cannot be more than 40% of the combined net income for both sides. Also, if the payee spouse must pay child support, and if the total of child support and maintenance is more than 50% of the spouse’s net income, a court may set alimony below the guidelines.
How The Spousal Maintenance Duration Is Determined In Illinois
The length of time guideline spousal maintenance is paid is determined by multiplying a percentage that goes up depending on how long the marriage was (based upon the date the divorce case was filed). The multiplying factors in determining the years of spousal maintenance are:
- Under five years – .20
- Five years or more but less than 6 years – .24
- Six years or more but less than 7 years – .28
- Seven years or more but less than 8 years – .32
- Eight years or more but less than 9 years – .36
- Nine years or more but less than 10 years – .40
- 10 years – .44
- 11 years – .48
- 12 years – .52
- 13 years – .56
- 14 years – .60
- 15 years – .64
- 16 years – .68
- 17 years – .72
- 18 years – .76
- 19 years – .80
- 20 years or more – the length of alimony is equal to how long the marriage was or an indefinite term
What About Non-Guideline Maintenance?
If the annual gross incomes of the couple are more than $500,000, the court will decide on alimony based on various factors set forth in 750 ILCS 5/504(a).
Spousal maintenance amounts and duration are contentious issues, especially in non-guideline cases. If you have questions about having to pay alimony and for how long, or your right to receive it, talk to an attorney today.
Talk To Chicago Spousal Maintenance Lawyers Today
During a divorce, a common issue is spousal maintenance or alimony. If there are questions about what you should pay your spouse after the divorce, you want experienced Chicago spousal maintenance lawyers at the Office of Michael C. Craven fighting for you.
Our spousal maintenance attorneys work with clients in Chicago and Cook, Lake, Will, DuPage, McHenry, and Kane counties. Contact us today for assistance with your spousal maintenance case.
