Maintenance & Alimony
Since Illinois family and divorce laws related to spousal maintenance were amended by the state legislature in 2019, there have been changes to how maintenance awards are determined. The best way to understand how the current maintenance calculator affects your case is to consult with an experienced divorce lawyer.
Goodman Law Firm is a premier family law practice serving clients throughout the greater Chicago area, including Cook, DuPage, Will and Kane Counties. We have a working knowledge of the calculator used to determine spousal maintenance and will work closely with you to ensure that your interests are protected. Whether you are seeking spousal maintenance or you are going to be the payer, we will provide you with informed representation when you need it most.
Our practice is dedicated to helping families navigate difficult transitions and ensure they have the resources they need to manage their new lifestyles. When you become our client, you will have peace of mind, knowing that our knowledgeable Illinois spousal maintenance lawyers are in your corner.
Statutory guidelines are used to determine the amount of maintenance if the combined gross income of the parties is less than $500,000.00 and the payor does not have a previous obligation to pay maintenance or support from a prior relationship.
The Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) provides the following formula for determining maintenance:
The amount of spousal maintenance is determined by taking 33.3 percent of the payer’s net income and subtracting 25 percent of the payee’s net income. (33.3 -25 percent). In addition, it is important to note that the payee’s new net income cannot be greater than 40 percent of the parties’ combined income.
Payer’s Monthly Income | Receiver’s Monthly Income | Estimated Monthly Maintenance Award |
---|---|---|
$3,000 |
$1,000 |
$600 |
$4,000 |
$1,000 |
$1,000 |
$5,000 |
$1,000 |
$1,300 |
$6,000 |
$1,000 |
$1,600 |
$7,000 |
$1,000 |
$1,900 |
$8,000 |
$1,000 |
$2,200 |
*Table does not reflect maintenance duration.
Each case is unique, however, and the maintenance amount is ultimately based on numerous factors besides each party’s income, such as the duration of the marriage, the earning capacity of each party, and a spouse’s need for further education or job training.
The duration of maintenance is how long the payer will legally be required to pay maintenance, or how long the payee will legally be awarded maintenance. To determine the duration of the award, take the length of the marriage and multiply it by the corresponding multiplying factor:
As an example, spousal support awarded to a payee in a 10-year marriage would be paid for 4.4 years.
At Goodman Law Firm, we have a proven history of helping our clients estimate spousal maintenance awards so that they can anticipate how the divorce will impact their financial future. Our divorce lawyers are here to help you understand how the current Illinois maintenance laws will affect you and your family.
While you may have an expectation of the maintenance award you may be entitled to receive or be required to pay, understanding the formulas can be complicated and confusing. At times, questions may arise as to what determines “net income,” while in more contentious cases, parties have been known to conceal income to reduce or increase the amount of maintenance they will pay or receive, respectively.
In any event, divorce in Illinois is complicated: each case is unique and understanding how the applicable laws will affect your case, and your wallet, requires the advice and guidance of a skilled divorce lawyer. When you work with Goodman Law Firm, we will take the time to understand your circumstances, carefully assess your finances, and help you apply the maintenance calculator to your case. Above all, we will offer you the knowledge, compassion and personal attention you deserve.
Let’s face it: going through a marital breakup is never easy. It can become more of an ordeal when the parties dispute spousal maintenance awards. By working with the legal team at Goodman Law Firm, you will be well-equipped to manage this difficult family transition and protect your financial future. If you are considering a divorce and have questions about spousal maintenance in Illinois, please contact our office today.
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