Illinois spousal maintenance is often awarded to help a former spouse gain financial independence following divorce. It is important to note however, that spousal maintenance is not awarded in all Illinois divorces – a case by case determination is made after considering various factors.
Factors Considered in the Award of Illinois Spousal Maintenance
Duration of the marriage
Each spouses income and assets
Present and future earning capacity of each spouse
Contributions of one spouse to the others earning potential
Age, physical health and other employability issues
Standard of living established during the marriage
Existing support obligations stemming from previous relationships
Whether spousal support is addressed in a prenuptial or post nuptial agreement
Parental responsibilities and their relation to obtaining or keeping employment
Other relevant factors
Illinois Spousal Maintenance Calculation
Generally speaking, Illinois spousal support is calculated using a basic formula of 33.3% of the payer’s net income minus 25% of the recipient’s income to determine annual maintenance. The amount calculated as maintenance, however, when added to the net income of the payee, shall not result in the recipient receiving an amount that is in excess of 40% of the combined net income of the parties. Estimates derived from the calculation do not include other factors such as the division of marital property and debt that may impact the final spousal maintenance award.
Duration of Illinois Spousal Maintenance Payments
The length of spousal maintenance payments varies, largely depending on the length of the marriage multiplied by a percentage:
Married less than 5 years: 0.20 (5 yrs. X .20 = 1 year of spousal maintenance)
Married 5 years: 0.24
Married 6 years: 0.28
Married 7 years: 0.32
Married 8 years: 0.36
Married 9 years: 0.40
Married 10 years: 0.44 (10 yrs. X 0.44 = 4.4 years of spousal maintenance)
Married 11 years: 0.48
Married 12 years: 0.52
Married 13 years: 0.56
Married 14 years: 0.60
Married 15 years: 0.64
Married 16 years: 0.68
Married 17 years: 0.72
Married 18 years: 0.76
Married 19 years: 0.80
Married 20 years or more: Courts may award permanent spousal maintenance or support equal to the length of the marriage.
*The court may deviate from the Illinois spousal maintenance calculation depending on the unique circumstances of the case.
Contact an Experienced Illinois Spousal Maintenance Lawyer for Help
When you have any questions regarding Illinois spousal maintenance, contact Lake County Illinois family law attorney Ronald L. Bell for immediate assistance today at 847-495-6000.