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How is Spousal Maintenance or “Alimony” Calculated in an Illinois Divorce?

As part of divorce proceedings, the court could order one spouse to make regular support payments to the other spouse.  This is called spousal maintenance, or maintenance, and is often referred to as “alimony.”  How much the payments will be if ordered, and how long the payments will last are determined by a formula in the Illinois divorce law statute.  This formula calculates maintenance based on the divorcing couples’ net incomes and the length of the marriage.  

Please note that a new formula for calculating maintenance (“alimony”) under Illinois law is now effective as of January 1, 2019.  

Formula for Calculating Maintenance (“Alimony”)

Maintenance is calculated as follows under the current formula:

1. Calculate 33 and 1/3% of the higher-earning spouse’s net annual income.
2. Calculate 25% of the lower-earning spouse’s net annual income.
3. Subtract the result of line 2 from the result of line 1.  The resulting amount is the annual maintenance award, which must be run through the annual “cap” in the steps below.  
4. Add both spouses’ net annual incomes together.
5. Calculate 40% of the result of line 4.  This is the “cap” on maintenance.
6. Add the lower-earning spouse’s net annual income to the result of line 3.  If resulting number exceeds the result of line 5, then continue to step 7.
7. Subtract the lower-earning spouses net annual income from the result of line 5.  The result is the final maintenance award.  If this results in a negative number, there will usually be no maintenance payments awarded.

Here is an example of a calculation based on the steps above.  In this example, Spouse A earns $100,000 net annual income per year, and Spouse B earns $40,000 net annual income per year:

1.  33 and 1/3% of $100,000 = $33,333.33
2. 25% of $40,000 = $10,000
3. $33,333.33 – $10,000 = $23,333.33 base annual maintenance award
4. $100,000 + $40,000 = $140,000 combined net annual income of the parties
5. $140,000 x 40% = $56,000 annual “cap” on maintenance
6. $40,000 + $23,333.33 = $63,333.33.  Spouse B’s net income, plus the base maintenance award exceeds the “cap,” so move on to step 7.
7. $56,000 – $40,000 = $16,000 per year, or $1,333.33 per month.  This is the final maintenance award, with the cap applied.

How Long Maintenance Payments Will Last

The duration of the maintenance award depends on the length of the marriage, and is computed by multiplying the number of years of the marriage by the following percentages.  The “length of the marriage,” for these purposes, is the date of marriage through the date that the divorce was filed:

• If the length of the marriage is less than 5 years, multiply the length of the marriage by .20
• If the marriage is 5 years or more but less than 6 years, multiply by .24
• 6 years or more but less than 7 years, multiply by .28
• 7 years or more but less than 8 years, multiply by .32
• 8 years or more but less than 9 years, multiply by .36
• 9 years or more but less than 10 years, multiply by .40
• 10 years or more but less than 11 years, multiply by .44
• 11 years or more but less than 12 years, multiply by .48
• 12 years or more but less than 13 years, multiply by .52
• 13 years or more but less than 14 years, multiply by .56
• 14 years or more but less than 15 years, multiply by .60
• 15 years or more but less than 16 years, multiply by .64
• 16 years or more but less than 17 years, multiply by .68
• 17 years or more but less than 18 years, multiply by .72
• 18 years or more but less than 19 years, multiply by .76
• 19 years or more but less than 20 years, multiply by .80
• For marriages longer than 20 years, the court, in its discretion, could order maintenance to last for a period equal to the length or the marriage, or for an indefinite term

This formula applies to couples whose combined gross income is less than $500,000.  If the parties’ combined gross income is beyond this amount, the court is not required to use the formula, and can set maintenance based on several other statutory factors in the judges discretion.

Under the current statute, if a spouse’s combined maintenance and child support payments are higher than 50% of his or her net income, the court has the discretion to order that the payments be lower than what would normally be calculated under the law. 

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To schedule a consultation with a dedicated and experienced family law attorney serving Will County, Dupage County, and Kendall County, call today at (815) 207-9570.