Until recently, spousal maintenance awards were widely inconsistent, even where circumstances were very similar. To address the disparity, a formula created by the ISBA Family Law Section Council will change how spousal maintenance is calculated for divorcing couples with a combined income of less than $250,000. Under the new act, maintenance awards should equal 30 percent of the payor’s gross income minus 20 percent of the payee’s gross income, not to exceed 40 percent of the parties combined gross income when added to the payee’s gross.
To illustrate the formula, the Illinois State Bar Association presents a scenario in which one spouse (the payor) grosses $50,000 a year while the other spouse (the payee) brings home $30,000. Thirty percent of $50,000 is $15,000 and 20 percent of $30,000 is $6,000. Subtract $6000 from $15,000 which totals $9,000 in potential spousal maintenance. Now, to determine if a cap applies, calculate forty percent of both parties combined income of $80,000, which comes out to $32,000. The payee’s gross income of $30,000 plus $9,000 exceeds the forty percent limit on combined gross income by $6,000 so only $2,000 is payable.
Of course, consideration should be given for length of the marriage. A separate formula is in place to determine the duration of maintenance payments based on the number of years couples are married. Couples married for a shorter period may be limited to a curtailed payment period – roughly 1 year of maintenance payments may be payable for 5 years of marriage reflecting 20 percent of time in marriage. Longer marriages result in lengthier periods of payment.
If you have questions regarding spousal maintenance, contact the Law Offices of Ronald L. Bell. We have over 30 years of experience helping our client’s with family law issues such as divorce, spousal maintenance, child custody and support.
Source: isba.org, “Spousal Maintenance Guidelines Become Law in Illinois”, accessed October 9, 2014.