The American family is changing from both a legal and practical standpoint. Recent court cases have redefined marriage and family to a great extent. There is a difference on the ground as well. According to a recent survey, fewer than half of American children live in a “traditional” family with a married mother and father who are the pure biological parents of all children in the household.
Changes in these areas have led to changes in spousal support laws and procedures. The reforms that became effective in 2015 are just part of a wave of alimony reform that has touched a number of states. Before 2015, the judge had almost unlimited discretion when setting the amount and duration of alimony payments. But recent changes to Section 504 of the Illinois Marriage and Dissolution of Marriage Act set some limits in this area. The amendments also changed the fundamental nature of alimony in more ways than one.
Eligibility
According to some, alimony is an outdated principle that no longer applies to modern families because it assumes that one spouse, generally the wife, is economically inferior to the other spouse.
In response to this criticism, the judge must determine whether alimony is appropriate on a case-by-case basis. Section 504(a) sets out a number of factors to be used in this decision, including:
- Relative current and future earning capacity of each party,
- Impairment due to non-economic contributions to the marriage (e.g. a spouse forgoing career advancement to stay home with minor children),
- Standard of living established during the marriage,
- Duration of the marriage, and
- “[A]ny other factor that the court expressly finds to be just and equitable.”
Marital misconduct, such as adultery and abuse, is not relevant in this area, although these things may be relevant in property division matters.
Amount and Duration
While the judge has some discretion in determining whether or not maintenance is appropriate, there is essentially no discretion when determining the amount and duration of payments.
Just like child support is determined using a formula that uses the payor spouse’s income and the number of children, the maintenance formula uses the payor spouse’s income and the length of the marriage. It is important to note that income for maintenance purposes is not be the same as income for child support purposes, as the two figures are calculated differently.
The amount is 30% of the payor’s income minus 20% of the payee’s income, and the duration is a multiple based on the length of the marriage. Assume that Husband, who has a $40,000 annual income, and Wife ($60,000) are divorcing after an eight-year marriage, and the judge determines that Husband is entitled to maintenance pursuant to 504(a). Husband would receive $10,000 ($18,000 minus $8,000) per year for 3.2 years (8 multiplied by .4).
This formula applies if the spouses’ combined income is less than $250,000. If that is the case, or the court finds that the guideline amount would be “inappropriate” for any reason, the amount and duration are calculated using the 504(a) factors.
Reach Out to Aggressive Divorce Attorneys
Equitable spousal support is an important component of an overall property division. For a free consultation in this area, contact Glasgow & Olsson. Convenient payment plans are available.