In Illinois, alimony legally termed “spousal maintenance”—is calculated using a standardized formula established under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504). This formula considers the net incomes of both spouses and the duration of the marriage.
How Alimony Works in Illinois
1. Determining Eligibility:
Before calculating the amount, the court first determines if maintenance is appropriate by evaluating factors such as:
- Each party’s income and property
- Needs of each party
- Present and future earning capacity
- Standard of living during the marriage
- Duration of the marriage
- Age and health of both parties
2. Calculating the Amount:
If maintenance is deemed appropriate, the amount is calculated using the following formula:
Alimony = (33.3% of Payor’s Net Income) – (25% of Recipient’s Net Income)
However, the recipient’s total income, including maintenance, cannot exceed 40% of the combined net income of both parties.
Example Calculation:
| Payor’s Net Annual Income | Recipient’s Net Annual Income | Calculation Steps | Resulting Annual Maintenance |
|---|---|---|---|
| $120,000 | $40,000 | (33.3% of $120,000) – (25% of $40,000) = $39,960 – $10,000 | $29,960 |
3. Duration of Maintenance:
The duration of maintenance is based on the length of the marriage, calculated as a percentage:
| Length of Marriage | Duration Multiplier | Maintenance Duration |
|---|---|---|
| Less than 5 years | 0.20 | 20% of marriage length |
| 5 to <6 years | 0.24 | 24% of marriage length |
| 6 to <7 years | 0.28 | 28% of marriage length |
| 7 to <8 years | 0.32 | 32% of marriage length |
| 8 to <9 years | 0.36 | 36% of marriage length |
| 9 to <10 years | 0.40 | 40% of marriage length |
| 10 to <11 years | 0.44 | 44% of marriage length |
| 11 to <12 years | 0.48 | 48% of marriage length |
| 12 to <13 years | 0.52 | 52% of marriage length |
| 13 to <14 years | 0.56 | 56% of marriage length |
| 14 to <15 years | 0.60 | 60% of marriage length |
| 15 to <16 years | 0.64 | 64% of marriage length |
| 16 to <17 years | 0.68 | 68% of marriage length |
| 17 to <18 years | 0.72 | 72% of marriage length |
| 18 to <19 years | 0.76 | 76% of marriage length |
| 19 to <20 years | 0.80 | 80% of marriage length |
| 20 or more years | Court discretion | Permanent or equal to marriage length |
Recent Legal Considerations
While there have been no significant legislative changes to Illinois alimony laws in 2024 or 2025, it’s important to note the following considerations:
- Income Caps: The maintenance guidelines apply when the combined gross annual income of both parties is less than $500,000, and the payor has no obligation to pay child support or maintenance from a prior relationship.
- Non-Guideline Maintenance: Courts may deviate from the standard formula if applying the guidelines would be inappropriate, considering factors such as the needs of each party, their earning capacities, and any other relevant circumstances.
- Modification of Maintenance: Maintenance orders can be modified or terminated upon a substantial change in circumstances, such as a significant change in income, employment status, health, or the recipient’s remarriage or cohabitation.
Frequently Asked Questions (FAQs)
1. Is alimony automatically granted in Illinois?
No, the court assesses various factors to determine if maintenance is appropriate.
2. Can we agree on a different maintenance amount?
Yes, spouses can agree on a different amount, but the court must approve it.
3. What if the recipient’s income increases?
Maintenance can be modified if there’s a substantial change in circumstances.
4. Does cohabitation affect maintenance?
Yes, if the recipient cohabits with another person in a marriage-like relationship, maintenance may be terminated.
5. Is maintenance taxable?
For divorces finalized after January 1, 2019, maintenance is not taxable to the recipient nor deductible by the payor.
6. Can maintenance be paid in a lump sum?
Yes, lump-sum maintenance is possible if both parties agree and the court approves.
7. What if the payor loses their job?
A significant change in financial circumstances can lead to a modification of the maintenance order.
8. How does child support affect maintenance?
Child support obligations are considered separately but can impact the calculation of maintenance.
9. Can maintenance be waived?
Yes, parties can agree to waive maintenance, but this must be documented in the divorce decree.
10. Is there a cap on maintenance payments?
Yes, the recipient’s total income, including maintenance, cannot exceed 40% of the combined net income of both parties.
Conclusion
Understanding how alimony is calculated in Illinois is crucial for anyone going through a divorce. The standardized formula provides a clear framework, but individual circumstances can lead to variations. It’s advisable to consult with a legal professional to navigate the complexities of spousal maintenance and ensure a fair outcome.