As an experienced divorce lawyer in Chicago, I know firsthand that navigating through a divorce can pose a litany of difficulties to my clients. Creating a co-parenting schedule and dividing up acquired assets are just some of the many challenges faced by clients divorcing in the state of Illinois. What’s another common concern for parties going through the maintenance process.
Throughout my tenure as a divorce lawyer in Chicago, I have watched countless clients struggle with the ambiguity surrounding spousal support in Illinois. The biggest cause for trepidation: a lack of standards that lead to consistent results. With no hard and fast formula to determine spousal support, known as maintenance in Illinois, absent an agreement of the parties final rulings were left entirely to the court’s discretion. Not knowing what to expect beforehand would often increase frustration levels in an already stressful experience.
New Maintenance Guidelines Attempts to Define Maintenance (Alimony) Expectations
Divorce lawyers in Chicago understand that the ambiguity of spousal support in Illinois has recently undergone a major overhaul. As of January 1, 2015, the state implemented the new Maintenance Guidelines in Illinois. Divorce attorneys in Illinois will soon learn if these guidelines help solve some of the problems experienced in the past.
Breaking Down The Formula On The New Maintenance Guidelines In Illinois
There are many nuances to decipher when working through the new Maintenance Guidelines in Illinois. However, if you’re moving through the divorce process, qualified divorce lawyers in Chicago will initially work with you to understand the new formula.
The first thing that must happen when using the new Maintenance Guidelines in Illinois is the court must determine that a spouse actually qualifies for spousal support. The judge will work through the case specifics with discretion and objectivity. From there, it will be determined if spousal support is, in fact, appropriate.
While the first step in the process isn’t exactly scientific, the rest of the process relies on a careful formula calculation. Once spousal support has been deemed appropriate, the court will look at the combined income of the spouses. The new Maintenance Guidelines in Illinois only apply to couples making a combined gross income of less than $250,000 year.
Once the gross combined income has been determined, a straightforward formula is used to determine the amount of maintenance. The formula mandates that spousal support be based on:
- 30% of the total income of spouse who earns more minus
- 20% of the total income of spouse who earns less
In theory, this means that a spouse earning $100,000 divorcing a spouse who earns $50,000 would break down in the following way:
- 30% of $100,000 = $30,000
- 20% of $50,000 = $10,000
- $30,000 – $10,000 = $20,000 paid annually in maintenance support
There is a cap to be applied in certain cases to ensure that the recipient of maintenance cannot be awarded more than 40% of the previously combined spousal income.
How Long One is Paid Maintenance
The amount of the payment is one term to be decided. How long one is paid maintenance is another. The new guidelines set the length of maintenance based on the length of marriage. These terms state that the years of marriage should be factored by a specific percentage:
- 0-5 years – a factor of .20
- 5-10 years – a factor of .40
- 10-15 years – a factor of .60
- 15-20 years – a factor of .80
These terms also allow that marriages lasting 20 or more years can be deemed eligible for permanent support or maintenance that equals the total length of the marriage.
It is worthwhile to note that if a court finds that application of the guidelines is inappropriate, a court can elect not to follow them. We will wait and see to learn if this becomes a common practice.
Unallocated family support is another key term that comes into play under the new maintenance guidelines. Previously, judges were allowed to authorize unallocated family support (a combined payment of spousal and child support together). However, the new law mandates that unallocated support cannot be issued unless agreed upon by both parties.
Still have questions about how the new Maintenance Guidelines in Illinois affects your case? I can help. Contact my office today to schedule a consultation.
