Spousal Maintenance (Alimony) Calculator
During a divorce, it can sometimes be difficult to translate statute and laws into real world examples. This is especially true for maintenance, also known as alimony or spousal support.
Figuring out the numbers and specifics during your divorce can add a lot of stress to an already emotional time. Below we’ve provided a real-world example of maintenance and created a maintenance calculator to help you better understand maintenance awards in your unique situation.
Please contact us with any questions you have—our Stern Mendez attorneys welcome the chance to meet with you and help you resolve your divorce efficiently and with sound counsel.
Illinois Alimony Calculator (Statutory Formula)
Before calculating maintenance, the court must first determine whether a maintenance award is appropriate. Illinois courts consider a variety of factors, including each spouse’s income, earning capacity, financial needs, health, age, standard of living during the marriage, and the length of the marriage. The court may also evaluate how the marriage affected a spouse’s career opportunities or ability to become self-supporting.
If maintenance is awarded, the court may apply the statutory formula under Illinois law or, in certain circumstances, deviate from the guidelines based on the specific facts of the case.
For a more detailed explanation of how Illinois courts determine maintenance eligibility, duration, and payment amounts, visit our Maintenance (Alimony) Services page.
How to Calculate Spousal Maintenance in Illinois
Except where the couple otherwise agrees, maintenance awards in Illinois typically follow a statutory formula. Illinois updated its spousal support law on January 1, 2019, as a result of the prior federal tax overhaul. By statute, where the couples’ combined gross income is less than $500,000 per year (and the payor has no obligation of child support or maintenance from a prior relationship), maintenance is calculated at 33.3 percent (33.3%) of the higher earning spouse’s income minus 25 percent (25%) of the lower earning spouse’s income. The lower earning spouse cannot receive more than 40 percent of the parties’ combined net income.
What does that mean? Let’s say Jane and John are going through a divorce. Jane earns $100,000 per year in net income and John earns $45,000 per year in net income. Since Jane has a higher income, she will be paying alimony to John. His spousal support would be calculated as follows:
- ($100,000 X .33.3) – ($45,000 X .25) = $21,050 per year
- $21,050 per year plus John’s net income of $45,000 equals $66,050
- However, the payee (John) may not receive more than 40% of the combined net income of the parties ($145,000 X .4) = $58,000
- In this case, ($21,050 + $45,000) = $66,050, which would be more than 40% of the combined gross
- As a result, maintenance for John is capped at $13,000 annually ($58,000 – $45,000)
The duration of support is related to the length of marriage. The longer a couple has been married, the longer the support obligation.
For marriages less than 5 years, the duration of the support obligation is equal to 20% of the length of marriage. From there, the duration of support increases by 4% for each subsequent year of marriage. Accordingly, the duration of support looks like this:
- 0-5 years = support is paid for 20% of the length of marriage
- 5-6 years = support is paid for 24% of the length of marriage
- 6-7 years = support is paid for 28% of the length of marriage
- 7-8 years = support is paid for 32% of the length of marriage
- 8-9 years = support is paid for 36% of the length of marriage
- 9-10 years = support is paid for 40% of the length of marriage
- 10-11 years = support is paid for 44% of the length of marriage
- 11-12 years = support is paid for 48% of the length of marriage
- 12-13 years = support is paid for 52% of the length of marriage
- 13-14 years = support is paid for 56% of the length of marriage
- 14-15 years = support is paid for 60% of the length of marriage
- 15-16 years = support is paid for 64% of the length of marriage
- 16-17 years = support is paid for 68% of the length of marriage
- 17-18 years = support is paid for 72% of the length of marriage
- 18-19 years = support is paid for 76% of the length of marriage
- 19-20 years = support is paid for 80% of the length of marriage
- 20 years or more = support is paid for a period equal to the length of marriage or permanently
Bottom line: maintenance can be complicated. Our Stern Mendez attorneys are familiar with the legal statutes and committed to making the process as easy as possible for you. When it comes to the numbers, we believe you shouldn’t be left confused.
How Long Is Alimony Paid in Illinois?
Before calculating maintenance, the court must first determine whether a maintenance award is appropriate. Illinois courts consider a variety of factors, including each spouse’s income, earning capacity, financial needs, health, age, standard of living during the marriage, and the length of the marriage. The court may also evaluate how the marriage affected a spouse’s career opportunities or ability to become self-supporting.
If maintenance is awarded, the court may apply the statutory formula under Illinois law or, in certain circumstances, deviate from the guidelines based on the specific facts of the case.
For a more detailed explanation of how Illinois courts determine maintenance eligibility, duration, and payment amounts, visit our Maintenance (Alimony) Services page.
Contact Our Family Law Attorneys
Contact Stern Mendez with any questions about maintenance or alimony; we are happy to help. Request a free consultation online or call us at (847) 868-9584. We can meet with you in our offices in Evanston, Chicago, Lake Forest and Oak Brook, or at another location.
