How is Alimony Calculated in Illinois?

How is alimony calculated in Illinois is one of the most searched questions in the state. It is searched by individuals who are going through a divorce or planning to initiate the procedure of divorce process. Understanding how the calculation of spousal support is important, as it can make a major difference in planning your financial future. Illinois is a state that has a structured formula for determining alimony, but the courts also look for various factors that influence the final decision of spousal support.

Whether you are receiving or paying support, having a basic understanding of alimony calculation is essential. Here you will get to learn about the calculation of alimony, factors that courts look for, and also get to learn about a divorce alimony calculator that can make your divorce planning smoother.

How is Alimony Calculated in Illinois? Legal Guidelines of the State

Illinois updated its guidelines for alimony in 2019. As per the guidelines, the court now follows a standard formula when combined gross income is less than $500,00 and neither party is already paying support to someone else. The main goal of this formula is to create a degree of predictability and fairness in outcomes.

The maintenance formula to determine the annual alimony amount is:

(33.3% of the payer’s net annual income – 25% of the recipient’s net annual income = Annual Maintenance Amount)

Example:

• Net income of paying spouse: $100,000

• Net income of Recipient: $40,000

Calculation:

• 33.3% of 100,000 = $33,300

• 25% of $40,000 = $10,000

• Maintenance Amount = $33.300 – $10,000 = $23,300

The most important thing to understand is that the net income here is not simple take-home pay. But this refers to the gross income minus allowable deductions. It includes the federal and state income tax, Medicare, Social Security, mandatory retirement contributions, and other court-ordered support payments. The most important thing about this calculation is that the amount of support, when added to the net income of the receiving spouse, cannot result in the recipient receiving over 40% of the combined net income of both parties.

However, if the calculations exceed this 40% cap, the amount of support will be reduced to meet this approach. This is to make sure that the receiving spouse does not end up with a disproportionately larger share of the combined income compared to the paying spouse.

Also read: Divorce Alimony Calculator for Illinois

Duration of Alimony in Illinois

The duration of alimony is an important component of how is alimony calculated in Illinois. The duration of the marriage plays a very important role, with a statutory multiplier applied to the years of marriage that helps in determining the length of the alimony.

A proper breakdown of the length multipliers:

• Less than 5 years of marriage: 20% of the marriage length

• 5 years to less than 6 years: 24% of the marriage length

• 6 years to less than 7 years: 28% of the marriage length

• 7 years to less than 8 years: 32% of the marriage length

• 8 years to less than 9 years: 36% of the marriage length

• 9 years to less than 10 years: 40% of the marriage length

• 10 years to less than 11 years: 44% of the marriage length

• 11 years to less than 12 years: 48% of the marriage length

• 12 years to less than 13 years: 52% of the marriage length

• 13 years to less than 14 years: 56% of the marriage length

• 14 years to less than 15 years: 60% of the marriage length

• 15 years to less than 16 years: 64% of the marriage length

• 16 years to less than 17 years: 68% of the marriage length

• 17 years to less than 18 years: 72% of the marriage length

• 18 years to less than 19 years: 76% of the marriage length

• 19 years to less than 20 years: 80% of the marriage length

• 20 years or more of marriage: The Illinois court may give the order of maintenance for a period equal to the duration of the marriage, or might give the order for an indefinite term.

Factors Influencing Alimony Award Beyond the Fixed Formula

There is no prime rule to follow the fixed formula for calculating alimony award because there are some factors that can modify the formula. The courts of Illinois retain discretion, generally in cases where the combined gross income is exceeding to $500,000. In such cases, the court considers a list of factors to analyze if the alimony award is right or not, and if yes, its amount and duration. The list of factors includes:

• The income and property of each spouse.

• Requirements of each spouse.

• The realistic present and future earning capacity of both spouses.

• The duration of the marriage.

• The age, physical, and emotional condition of both spouses.

• All sources of income of each part, including private and public.

• The tax consequences to each party.

Types of Alimony in Illinois

Illinois follows four types of spousal maintenance that include:

• Temporary Alimony: It is an alimony that is awarded during the procedure of divorce procedure.

• Fixed Alimony: This alimony is fixed for a specific period.

• Reviewable Alimony: This alimony is reviewed, and it can be modified later.

• Permanent Alimony: This alimony is for long-term marriages or some special type of cases.

Why You Should Use a Divorce Alimony Calculator?

Understanding how is alimony calculated in Illinois is a very important step that helps in the preparation for divorce. While there is a fixed formula in Illinois that provides a clear starting point, some vital factors can modify the formula and underscore the complexity of the alimony award. For the perfect calculation of spousal maintenance and a deep understanding of your potential obligations, consulting a well-known family law attorney in Illinois is important.

However, before you consult with a family law attorney, you can get an estimate of the alimony award by using an online tool, divorcealimonycalculator.com. It is a tool that empowers you with preliminary details and helps you in the discussions with your attorney and estranged spouse with a high level of clarity.

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