If you are getting divorced in Chicago pr the surrounding area, it is important to know some key things about spousal support — also known as alimony or spousal maintenance — under Illinois law. Generally speaking, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs most legal issues related to support. Here are five key topics every person should know about spousal support if they are planning to get divorced in Illinois.
Under new federal tax laws, the spouse who pays spousal support is the one who pays income taxes on the amount — as opposed to the spouse receiving the support. The opposite used to be true, with the spouse receiving the support paying taxes on it. The Illinois spousal support guidelines consider this change in the law when it provides a formula for calculating the total amount of spousal support or maintenance that will be paid.
Under Illinois law, if a married couple getting divorced collectively earns less than $500,000 per year, then the court will typically apply a formula under spousal support guidelines. How does that formula work? The court will take 33.33 percent of the paying spouse’s net income and subtract 25 percent of the receiving spouse’s net income. The amount remaining is the total amount of spousal support to be awarded, but not exceed 40% of the total family income.
If the court determines the guidelines are appropriate to use because a couple earns less than $500,000 per year when their salaries are considered together, then the court will also use a formula in the guidelines for calculating the duration of the spousal support award. The duration is based on the length of the marriage. For a marriage that lasted fewer than five (5) years, the duration of the support award is the length of the marriage multiplied by a “statutory factor” of .20. For example, if a marriage lasted for two (2) years, the spousal support award duration would be for .40 years (2 years x 0.20 = 0.40).
The statutory factor increased for additional years of marriage. For example, a marriage that lasted at least five (5) years but fewer than six (6) is multiplied by .24. To jump ahead, a marriage that lasts at least 10 years but fewer than 11 is multiplied by .44. For 20 years or more of marriage, the support award may have an indefinite duration.
In order to receive spousal support, the spouse seeking it needs to ask for it through proper legal methods. To be clear, the court will not automatically consider whether one of the spouses is entitled to receive spousal support unless that spouse requests it.
Before the court ever decides the amount or duration of a spousal support award, it will first look to a wide variety of statutory factors to determine whether a spousal support award is appropriate in the specific circumstances.
Spousal support is a legally mandated financial contribution made by one spouse to the other during or after the divorce process. Its primary objective is to ensure that the lower-earning spouse can maintain a standard of living similar to that experienced during the marriage, thereby aiding their transition into financial independence.
In Illinois, either spouse has the right to request maintenance. When considering a request for spousal support, the court examines a multitude of factors, including:
It’s important to note that there is no automatic right to spousal support; each situation is assessed on its own merits.
For couples whose combined gross income is below $500,000 and where there are no deviations for child support, Illinois utilizes a specific statutory formula to calculate the maintenance amount. This formula involves taking 33.3% of the payor’s net income and subtracting 25% of the recipient’s net income. The resulting figure cannot exceed 40% of the combined net income of both spouses. In cases where couples have higher incomes or where the formula may yield an unjust outcome, judges have the discretion to deviate from this formula and consider a more comprehensive range of factors as defined by law.
The duration of spousal support is intricately linked to the length of the marriage, employing a sliding scale that reflects this relationship. For marriages lasting less than five years, spousal support may be awarded for 20% of the number of years married. For unions lasting longer than 20 years, the court may award maintenance equal to or even exceeding the duration of the marriage, potentially resulting in permanent support. This structure recognizes the varying financial dependencies that arise based on the time spent together as a married couple.
Yes, maintenance orders are not set in stone; they can be modified in response to substantial changes in circumstances. Such changes might include:
Modifications must go through the court system, requiring both approval and relevant documentation to substantiate the request.
Noncompliance with a spousal support order can have serious consequences. If the paying spouse fails to meet their obligations, they may face:
Additionally, the Illinois Department of Healthcare and Family Services (HFS) may intervene to aid in enforcement, particularly if payments are processed through the State Disbursement Unit.
As of January 1, 2019, under current federal law, spousal support is no longer classified as taxable income for the recipient nor is it deductible for the payer. This change only applies to divorce agreements finalized after this date; agreements established prior to this change may still observe the former tax regulations unless they have been modified.
Yes, waiving maintenance is an option available to spouses. This can occur through a prenuptial or postnuptial agreement or as part of a divorce settlement. For such waivers to be valid, they must be made voluntarily, based on informed consent, and should not be unconscionable at the time they are enforced.
While spousal support focuses on the financial needs of the former spouse, child support specifically addresses the requirements related to the care and upbringing of children. These two forms of support are calculated using different methods, although both can be awarded within the same legal case. Child support in Illinois follows a distinct formula under the Income Shares Model, highlighting the unique priorities associated with each type of support.
In summary, spousal support in Illinois is designed to foster fairness and ensure financial stability in the aftermath of divorce. If you find yourself navigating the complexities of maintenance—whether you are seeking it or responding to a request—it’s critical to understand the legal framework and options available to you. Seeking the expertise of a family law attorney can provide valuable guidance in this process and safeguard your interests.
If you have questions about spousal support in Illinois, either as a paying or receiving spouse, it is important to discuss your concerns with a Chicago spousal support attorney. An advocate at our firm is here to answer your questions. Contact M. Scott Gordon & Associates for more information about how we help with divorce matters in the Chicago area.