How Do Illinois Courts Calculate Alimony?

Illinois divorce lawyer, spousal maintenance, Illinois family law attorney,On Jan. 1, 2015, Illinois legislators passed new laws that govern the duration and amount of alimony payments. Many of the regulations apply to divorcing couples with a gross income of $250,000.

According to the revised law, “maintenance” is the new term for “alimony” in Illinois, but they both refer to spousal support. A judge determines whether to award maintenance based on 12 statutory factors.

Before January 2015, the calculation and duration were at the sole discretion of the judge. This led to noticeable variations from county to county, and from judge to judge. The legislation aimed to create uniformity in spousal support awards. The laws put the following formulas and guidelines into effect:

Formula for Calculating Alimony

Thirty percent of the payer’s gross income less 20 percent of the receiver’s income. The adjusted income of the receiver may not exceed 40 percent of the combined income of both parties.

Guidelines for the Duration of Alimony

To calculate the duration of the alimony award, multiply the number of years of marriage by the percentages as follows:

  • 0 to 5 years: 20 percent;
  • 5 to 10 years: 40 percent;
  • 10 to 15 years: 60 percent;
  • 15 to 20 years: 80 percent; and
  • 20 years or longer: either permanent alimony or for an equal number of years as the length of the marriage. This is at the court’s discretion.

If you are going through a divorce and have questions about spousal support, contact an experienced DuPage County family attorney. Attorney Matthew M. Williams, P.C. can help you avoid mistakes that could compromise your interests. He represents clients in DuPage, Kendall and Kane Counties.  Mr. Williams has been practicing family law for more than 10 years, and he gives each case the individual attention it deserves. To schedule a consultation, call his office today at 630-409-8184.

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