Divorce Maintenance (Alimony) Calculations in Illinois
In 2015, the divorce maintenance (alimony) calculations in Illinois were changed. Our attorneys at O’Dekirk, Allred and Associates in Joliet can help you figure out how these changes (amendments to Sections 504 and 505), regarding the amount and duration of maintenance, will affect your divorce.
Maintenance Calculations Then & Now
Prior to 2015, judges had a lot of discretion in determining the amount and duration of maintenance in divorce cases. They used twelve specific factors, but case results were very unpredictable. Now, judges have new guidelines that use a standardized formula to calculate the amount and duration of payments.
Let’s take a look at the formula used to calculate divorce maintenance.
Calculating Duration of Maintenance Award
The following formula is used to determine the duration of maintenance, or how long the paying spouse will provide alimony to the receiver:
(Marriage 0-5 years) x (20%)
(Marriage 5-10 years) x (40%)
(Marriage 10-15 years) x (60%)
(Marriage 15-20 years) x (80%)
Example: A marriage of 8 years x 40% = 3.2 years of alimony payments
For couples married over twenty years, the court can either order the duration of the maintenance to be permanent or to last for the number of years the marriage lasted.
Formula for Maintenance Award-Amount
The formula has two components that are very important:
- Calculation: Take 30% of the payer’s income MINUS 20% of the receiver’s income
- Exception: Receiver’s new income cannot exceed 40% of the couple’s total combined income
If the divorce maintenance (alimony) calculations in Illinois sound confusing, take a look at the examples below to see how maintenance is now calculated with the new formula.
Dual Income Maintenance Calculation
A divorcing couple has been married for 16 years. They have a combined annual income of $200,000.
The wife’s income is $125,000 per year.
The husband’s income is $75,000 per year.
Maintenance for the husband (receiver) would be calculated using the new formula:
- 30% of the wife’s income >> ($125,000) x (30%) = $37,500
- 20% of the husband’s income >> ($75,000) x (20%) = $15,000
- 30% of the payer’s income MINUS 20% of the receiver’s income = $22,500
- By this calculation, the husband would be awarded $22,500 per year
But wait, the second part of the formula states that the new income of the receiver can’t surpass 40% the couple’s total combined annual income. So, let’s double-check that stipulation.
40% of the couple’s annual $200,000 income = $80,000
The husband’s income of $75,000 + $22,500 in alimony = $97,500, around 49%
Because the husband’s annual income added to calculated maintenance is over 40% of their combined income, the court would decrease it: $80,000 – $75,000 = $5,000 per year to comply with the new rule.
Finally, the court has to calculate the maintenance duration: (16 years) x (80%) = 12.8
We finally come up with the amount of $5,000 per year with a duration of 12.8 years.
Single Income Maintenance Calculation
A divorcing couple has an annual income of $200,000 per year and has been married for 16 years, but this time let’s calculate maintenance when only one person earns an income.
The wife’s income is $0 per year.
The husband’s income is $200,000 per year.
Maintenance would be calculated by using the new formula:
- 30% of the husband’s income >> ($200,000) x (30%) = $60,000
- 20% of the wife’s income >> ($0) x (20%) = $0
- 30% of the payer’s income MINUS 20% of the receiver’s income = $60,000
- By this calculation, the wife would be awarded $60,000 per year
As we calculated above, 40% of the couple’s annual $200,000 income = $80,000. When you add the wife’s annual income of $0, it is less than 40% of the couple’s combined annual income, so it doesn’t have to be reduced.
Now, let’s calculate the duration of the maintenance: (16 years) x (80%) = 12.8
Here, we come up with the amount of $60,000 per year with a duration of 12.8 years.
Get Clarity and Reliable Representation
The old divorce maintenance (alimony) calculations in Illinois were unpredictable and often considered unfair. The 2015 amendments are meant to standardize the process, so outcomes are more reasonable. Our attorneys at O’Dekirk, Allred and Associates in Joliet can help you figure out how these changes will affect you and your case. It is critical that you have good legal representation, so please call or contact our office for a free consultation about your case.