Illinois recently enacted a law that will simplify the process for determining alimony–the amount of money one spouse pays to the other after a divorce or separation. Before the change, a judge would determine the divorce alimony (or maintenance) payments based on multiple factors, including:
- Each spouse’s income and assets;
- Each spouse’s present and future income earning capacity;
- Whether one spouse’s future employment opportunities might be impaired because he or she delayed his/her own education or employment for the spouse, or stayed at home as the primary homemaker;
- The standard of living established during the marriage;
- The duration of the marriage;
- Each spouse’s age and health condition;
- The tax consequences of property division on each spouse; and
- Any agreement between the spouses regarding these issues.
(Marital misconduct still does not affect maintenance.)
These factors have not changed. Now, however, courts have a specific income calculation to help them determine the payments. This means that divorcing couples will have a better idea of what they will pay or receive before walking into the courtroom. Here is the new formula for calculating maintenance:
Thirty percent of the paying spouse’s gross income minus 20 percent of the receiving spouse’s gross income equals the maintenance payment.
That formula only applies if the combined income of both spouses is less than $250,000 a year. Furthermore, the maintenance plus gross income of the receiving spouse cannot exceed 40 percent of the combined gross income of the couple.
Duration of Marriage Determines Duration of Maintenance
In addition to pre-determining the amount of maintenance, the new law also pre-determines the duration of the payments. This is another straightforward calculation: the length of your marriage will determine how long you will pay or receive maintenance. Simply multiply the number of years married by the number in parentheses, which equals the time period for which the paying spouse must pay maintenance:
- 0 to 5 years of marriage x (0.20)
- 5 to 10 years of marriage x (0.40)
- 10 to 15 years of marriage x (0.60)
- 15 to 20 years of marriage x (0.80)
If the couple has been married for 20 years or more, then the court has discretion to order permanent maintenance or for maintenance equal to how long the marriage lasted (e.g., 30 years of maintenance for 30 years of marriage). The court also has discretion to deviate from these calculations based on special circumstances. (That aspect of the law is similar to how courts may deviate from the guidelines for determining child support payments.) Since maintenance can be a highly contentious issue during divorce, this new law should ease the process.
It is important to know what you are getting into before you begin the divorce process. Even with this simplified procedure for calculating maintenance, divorce and its attendant issues can be complicated and confusing – especially when children are involved or if you do not have a premarital agreement. That is why you need an experienced Chicago divorce attorney who can explain your rights and ensure that you leave your marriage in the best possible place. Contact the Law Offices of Thomas Glasgow, Ltd. today for a consultation. We can assist those in downtown Chicago and the surrounding suburban areas.