As an attorney in spousal maintenance, I know one of the biggest questions on everybody’s mind is: “How much am I going to have to pay my ex in maintenance?” This is a valid concern because spousal maintenance, otherwise referred to as alimony, will greatly dent your wallet after your divorce. Illinois law dictates how spousal maintenance will be paid, though this number could be affected by several variables.
Spousal maintenance is designed to help the spouse receiving the support continue to enjoy a lifestyle similar to what was enjoyed during their marriage. The court’s effort is that the parties are able, to some extent, to live similarly after the dissolution of the marriage, even if one spouse was the main breadwinner during the relationship.
In Illinois, spousal maintenance is governed by 750 ILCS 5/504, which enumerates how maintenance is calculated. While there is certainly some guidelines and even formulas in most cases, the court may still exercise discretion to adjust the amount that can be awarded- or even refuse to award any maintenance- based on specific factors.
The Illinois spousal maintenance formula applies in most cases where the combined gross annual income of the parties is less than $500,000. Thus, it is to be computed as follows:
However, the resulting amount, after making the aforementioned computation, added to the payee’s income cannot exceed 40% of the combined net income of both parties.
Let’s break this down with an example:
If your net income is 120,000.00 a year and your ex-spouse’s net income is 30,000.00 a year, the calculation would look like this:
However, the total income of your ex-spouse after receiving maintenance cannot exceed 40% of the combined income of both parties. The combined income, in this case, would be $120,000 + $30,000 = $150,000, and 40% of that is $60,000. Thus, because $62,100 exceeds that amount, it would be adjusted to keep it within the 40% limit, meaning you would pay less than $30,000 annually.
How long you pay maintenance is directly related to how long you were married. The Illinois statute, in particular 750 ILCS 5/504(b-1)(1)(B), has a calculation for how long a party must pay spousal maintenance based upon the percentage of the marriage duration as follows:
For example, for a marriage of 12 years, maintenance could be granted for 7.2 years (12 x 60%).
Although Illinois has a formula to determine spousal maintenance, the court can deviate from this formula if other factors warrant such. Under 750 ILCS 5/504, there are numerous factors considered by the court to determine spousal maintenance. These include, but are not limited to:
These factors provide the court with flexibility to ensure that, in light of unique circumstances of a particular case, the spousal maintenance order will be fair.
It is important to remember that spousal maintenance is not necessarily permanent. Under Illinois law, a maintenance award may be modified upon showing a substantial change in circumstances, such as a change in the income of one or both parties, new marriage, or cohabitation of the recipient spouse.
Because these circumstances have changed, under 750 ILCS 5/510, either party may move the court to modify or terminate maintenance. For example, if the spouse receiving maintenance becomes financially independent or remarries, the payor can request that the amount of maintenance be reduced or even stricken.
Net income is the total income after all taxes and mandatory deductions like those for Social Security, health insurance, and retirement contributions have been withheld. Note that bonuses, commissions, and other forms of compensation may also be considered for the determination of net income for spousal maintenance.
Yes, you and your spouse can come to an agreement about the amount of spousal maintenance as part of your divorce settlement. The court will more than likely approve this, so long as the agreement is fair and meets the legal requirements of the Illinois law. However, if the court believes that the agreement is unconscionable or against public policy, then the court may reject the proposed maintenance terms
Yes, under 750 ILCS 5/510, spousal maintenance can be modified upon a substantial change in circumstances of either party. Examples may include changes in income, health, and employment status. Either party may request from the court to modify or terminate maintenance, and then the court would evaluate whether or not the change in circumstances justifies modification.
It depends on how long you were married and the particular facts of your marriage, as judged by the court. There is a statutory guideline in Illinois for how long maintenance should last, but the actual length is at the discretion of the court and may be affected by such factors as the needs of the spouse receiving maintenance, the standard of living established during the marriage, and the earning capabilities of each party.
By law in Illinois, spousal maintenance would terminate either upon the recipient spouse’s remarriage or cohabitation with another person. In fact, if you reasonably believe that your ex-spouse has formed a new relationship for which their maintenance could be invalidated, then you can approach the court to have your obligation of support modified or terminated.
Whether you are facing divorce and seeking an understanding of how spousal maintenance will affect your net finances, Keller Legal Services is here to help you work your way through the process and protect your rights with regard to spousal maintenance. Be it trying to receive maintenance or trying to know how much one will have to pay, we are here to help. Contact our Chicago spousal maintenance attorney at Keller Legal Services by calling 630-505-1515 to receive your free consultation. Proudly serving DuPage, Kane, and Will Counties, we are dedicated to helping you through this difficult time.