is now called "maintenance" in Illinois. Whether or not alimony will be a component in a divorce depends on a number
of factors. Judges typically look a the incomes of the spouses, as well as, future earning potential of both spouses. The
manner by which the assets will be allocated could also be an important factor. Generally, if you (or your spouse) have been
dependent on the other's income, some sort of maintenance may be
a component of the divorce.
length of marriage is also something that the judges consider. For example, if you earn $10,000 per year, and your spouse
earns $200,000 per year. While this may look like a "alimony case", it may not be when the marriage is only
6 months, or maybe 12 months. Naturally, the longer the marriage, the more likely a scenario like this would entail
some sort of alimony payment. The old rule was that generally once the maintenance payment was set (usually a monthly
amount), a spouse would pay that sum for a period of time equal to 1/3 of the length of the marriage. For example, if
you were married for 21 years, you may expect that some form of alimony would be paid for about 7 years.
Long before many other attorneys had metioned an alimony formula, this website explained that there
was a formula in discussion and was gaining popularity. As it turns out, this Fall (2014) our State Legislature made
the forumula law, which will take effect on January 1, 2015. While the formula is not ideal in some circumstances, it
does provide spouses the ability to set their expectation as to what they could expect in an alimony (maintenance) case. The
new formula is only applied after a Judge determines that alimony is appropriate. Once a Judge makes that determination,
then the dollar amount and duration of payments is fairly easy to calculate.
The new maintenance formula takes
30% of the gross income of the higher income earning spouse, and subtracts 20% of the gross income of the lower income earning
spouse. The result would be the annual alimony amount to be paid from the higher income earner to the lower income earner.
For example, if one spouse earned $100,000 and the other spouse earned $30,000, the maintenance amount would be 30%
of $100,000 (which is $30,000), minus 20% of $30,000 (which is $6,000) = $24,000 in annual
maintenance (or $2,000 per month).
This formula also sets the duration of payments.
Duration would be calculated by multiplying the duration of the marriage by (0.2) for marriages up to 5 years, (0.4)
for marriages 5-10 years, (0.6) for marriages 10-15 years, and (0.8) for marriages 15-20 years in length. For example
a 12 year marriage, multiplied by 0.4 would equal payments for 4.8 years. Additionally, maintenance payments pursuant
to this formula are allowable deductions for the purposes of calculating child support, which is covered in the child support
page of this website.
Spouses should be mindful that
the formula noted above is currently NOT the law until January 1st, 2015, but expect Judges to use the forumla early (some
have already been using it for months) because of its ease of use. Many factors go into the setting of maintenance and whether
or not maintenance would be allowed. When it comes to maintenance, there is no substitute for meeting with a skilled and experienced
divorce lawyer. Only then, will you get an accurate picture of what is going to happen in your divorce.
If you have any questions about the contents of this page,
please call Paul D. Nordini at (630) 306-6300
him at: email@example.com