How Much Alimony Will I Pay or Receive?

Mokena Spousal Maintenance Attorneys Help with Support Calculations

During your divorce, your finances are probably one of your largest concerns. When added to the other legal and personal matters you must address, you may feel like you are dealing with an avalanche of issues. Spousal maintenance is one area that can cause a great deal of concern, and spouses who expect to pay or receive alimony should work with a knowledgeable attorney to ensure that spousal support payments are calculated correctly.

At Wakenight & Associates, P.C., our lawyers have over 95 years of combined experience in divorce cases, and we can fight for your rights in matters related to spousal support. We will work to make sure you will have the resources you need to support yourself after completing your divorce.

Guidelines for Spousal Maintenance in Illinois

If it has been determined that a spouse is eligible to receive spousal maintenance from their former partner, Illinois law provides a formula for calculating the amount of these payments. Spousal maintenance is determined by taking 33 1/3% of the paying spouse's net annual income and subtracting 25% of the receiving spouse's net annual income. After the amount of maintenance has been added to the recipient's income, the total cannot be higher than 40% of the spouses' combined net income.

The duration that spousal support will be paid depends on the length of the spouses' marriage, and Illinois law provides specific percentages for the number of years a couple was married. For instance, if a couple was married for 13 years, maintenance will be paid for 56% of the length of the marriage.

To provide a full understanding of how alimony is calculated, it is helpful to consider an example. Suppose Spouse A earns a net income of $300,000 per year, Spouse B earns a net income of $100,000 per year, and the couple is getting divorced after 15 years of marriage. Maintenance will be calculated by subtracting $25,000 (25% of $100,000) from $100,000 (33 1/3% of $300,000) for a total of $75,000. However, 40% of the couple's combined net income of $400,000 is $160,000, so the amount of maintenance Spouse B receives would be reduced to $60,000. For a 15 year marriage, maintenance will last for 64% of the length of the marriage, so Spouse B will receive payments for 9.6 years.

While these guidelines are followed in most cases, some additional considerations may apply when a couple has a high net worth. For couples who earn a combined income of $500,000 or more, the court may deviate from the guidelines and determine an amount that is fair for both parties. Also, a person's combined child support and spousal maintenance obligations cannot exceed 50% of their net income, so if this is the case, the amount of alimony or child support they are required to pay may be reduced.

Contact Our Orland Park Spousal Support Lawyers

After your divorce, you deserve to have the financial resources you need to continue living at the standard to which you are accustomed. Whether you will be receiving or paying spousal maintenance, you will want to make sure the law is applied correctly. Our attorneys can make sure you address all relevant issues when determining spousal support, including calculating net income, addressing tax concerns, and ensuring that children's expenses are covered. For dedicated advocacy to help you achieve success in your divorce case, contact us at 815-727-6144 and schedule your free consultation today. From our office in Mokena, we assist divorcing spouses in Frankfort, New Lenox, Orland Hills, Joliet, Lockport, Homer Glen, Tinley Park, Oak Forest, and throughout Will County.