How Long and How Much Can a Spouse Receive Illinois Divorce Maintenance?
The basic purpose of alimony—also called spousal maintenance or support in Illinois—is to help a spouse achieve financial independence after the divorce. The Illinois Marriage and Dissolution of Marriage Act governs whether a spouse will get alimony.
Keep in mind that spousal maintenance is not awarded in all divorces. The criteria taken into account when establishing whether divorce maintenance will be awarded include the following:
- The length of your marriage
- The life standard during the marriage
- Your and your spouse’s:
- Financial needs
- Current and future earning potential
- Prenuptial and postnuptial agreements
- Income, property, and tax obligations after the division of marital assets
- Contributions to the education and earning potential of another spouse
- Possible impairment to the earning potential of the spouse who is:
- Paying maintenance
- Asking for alimony, e.g., because of child support and other arrangements
- How long the spouse receiving maintenance needs to finalize training or education to improve their employment and earning potential
- Additional factors influencing employability, including a spouse’s age and health
The basic formula used for the Illinois divorce alimony calculator is the following:
|Formula||33% of the payer’s net income||25% of the recipient’s net income||A - B|
|Example||$70,000 x 33% = $23,100||$20,000 x 25% = $5,000||$23,100 - $5,000 = $18,100|
There is also a limit on the annual maintenance amount received—40% of both spouses’ combined net income.
It means that—in the example presented in the table above—the recipient’s annual income after the divorce will be: $20,000 + $18,100 = $38,100. As this figure is $2,100 higher than the maximum limit, i.e.: ($70,000 + $20,000) x 40% = $36,000, the maximum annual maintenance amount will be: $18,100 - $2,100 = $16,000.
How long a spouse will receive maintenance depends on the length of the marriage. For more details, check out the table below:
|Marriage Length (Years)||Illinois Divorce Maintenance Duration (Years)|
|Up to five||Marriage length x 0.2|
|Five–six||Marriage length x 0.24|
|Six–seven||Marriage length x 0.28|
|Seven–eight||Marriage length x 0.32|
|Eight–nine||Marriage length x 0.36|
|Nine–ten||Marriage length x 0.4|
|More than 20||
You and your spouse have the option of negotiating and agreeing on the exact duration and amount of alimony. If you don't, the judge will make a decision for you.
A no-fault, uncontested divorce is the least time-consuming, complicated, and expensive process. It implies sitting down with your spouse and discussing all relevant divorce matters, including child custody and property division—in addition to alimony.
If you and your spouse work out the terms of your divorce yourselves, you won’t need to hire a lawyer, which will reduce your total divorce costs significantly. If you can’t agree on certain aspects of your divorce, you can always hire a mediator to help you resolve your issues peacefully.
Once you’ve reached an understanding, you should prepare a divorce settlement agreement to list everything you and your soon-to-be ex-spouse have agreed to. You could draw up this document in one of the following ways:
- Alone—Make sure you’re familiar with your state and local divorce requirements before you create and sign the document
- Use an online divorce service—While helpful, uncontested divorce forms that online divorce services offer are typically generic and may not comply with your state laws
- Hire an attorney—Be prepared to settle a significant sum if you choose an experienced lawyer to draw up an agreement for you
- Register for DoNotPay—Our AI-powered app knows about all relevant state laws and will ensure your divorce settlement agreement meets them
Once you create it, you should file the divorce settlement agreement with the court for review. Once the judge approves the document, it becomes legally binding.
We can help you create a divorce settlement agreement efficiently if you subscribe to DoNotPay and follow these steps:
- Type in Divorce Settlement Agreement in the search box
- Answer our chatbot’s questions
- Provide information about any debts, income, and assets
Our app incorporates the data you provide within the required legal framework to generate a document that measures up to those created by legal professionals.
If you want to get the document notarized, choose the appropriate option in our questionnaire. We will connect you with one of the notaries public we cooperate with. They provide an online service 24/7!
If you’d like to get more information on divorce-related topics, you should visit our website. You’ll be able to find answers to lots of important questions, including the following:
- Can you get an online divorce in Illinois?
- How much does a divorce cost in Illinois?
- Do you have to go to court to get a divorce?
- What should you expect of the mediation process in Illinois?
- How should you get the divorce papers served to your spouse?
- What are local divorce requirements in Will, Lake, and DuPage counties?
- Is it necessary to hire a lawyer if you and your spouse agree on all matters?
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