Spousal Maintenance Or Alimony In Illinois

In Illinois, spousal maintenance (also known as alimony) can be awarded in marriages when one of the parties has a financial need and the other party can afford to pay. Both temporary and permanent spousal maintenance is available depending on the circumstances of your situation.

As a Wheaton divorce lawyer with more than 30 years of family law experience in the western Chicago suburbs, Terry Fawell can help you understand when the courts will award maintenance and how the amount is determined. Fawell & Fawell offers a free initial consultation to discuss your case.

The 2015 Maintenance Statute

Illinois adopted a maintenance statute in 2015 to establish predictability in maintenance awards. The new statute has a specific formula to be applied to determine the amount and duration of maintenance in cases where the combined gross income of the parties is less than $250,000. Twenty percent of the payee's gross annual income is deducted from 30 percent of the payer's gross annual income. The payee cannot receive more than 40 percent of the parties' combined gross incomes. This calculation is made before child support is calculated.

The duration of maintenance is calculated by multiplying the length of the marriage by a factor: 0-5 years (.20); 5-10 years (.40); 10-15 years (.60); or 15-20 years (.80). For a marriage of 20 years or more, the court can order permanent maintenance or establish a duration equal to the length of the marriage.

Taxes And Spousal Maintenance

Beginning January 1st, 2019, the Tax Cuts and Job Acts brought about a substantial shift in the way that spousal maintenance is taxed. For the payor, spousal maintenance payments are not tax deductible. Nor are payments taxed as income for the payee. When addressing spousal maintenance, it is important to consider all tax implications.

Making Changes To Spousal Maintenance

Even though maintenance is called permanent, it is always modifiable when there is a substantial change in circumstances. It terminates upon the remarriage or cohabitation of the recipient.

Talk To An Experienced Lawyer About Your Situation

For a free initial consultation about your spousal maintenance case, email Fawell & Fawell or call 630-480-6253. From our office in Wheaton, we serve clients in DuPage, Kane and Will counties.