Spousal support is calculated using a mix of factors and a standardized formula in Illinois. Most cases utilize the same type of standard to help determine what that amount will be. You may be wondering, how does that work? An experienced spousal support attorney can look at your finances, your spouse’s, and help you understand how spousal support might work in your case.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We investigate your unique case to determine whether spousal support is likely, whether to request it, and other unique considerations of your divorce.
What Is Spousal Support?
Spousal support is financial help that one spouse gives to the other after divorce. Its purpose is to assist the lower-earning spouse in maintaining a reasonable standard of living.
In Illinois, spousal support can be temporary, fixed-term, reviewable, or permanent, depending on the details of the case.
Who Qualifies for Spousal Support in an Illinois Divorce Case?
Before you even get to a calculation, the court has to figure out whether there should be spousal support in the case. They do this by considering certain factors. These factors include:
- Each spouse’s income
- The property and assets they own
- Each parties’ unique needs
- Earning capacity
- Employability
- Duration of the marriage
- Age
- Health
- Education
- Contributions to the marriage
- Any impairment to future earning capacity due to domestic duties or delayed education
If the court finds that spousal support is appropriate, it will then use a statutory formula that helps calculate what amount to use.
What Spousal Support Formula Do Illinois Courts Use?
For divorces finalized after January 1, 2019, Illinois uses a standardized formula for most cases:
First, the court calculates 3.33% of the payer’s income. Next, the court calculates 25% of the recipient’s income. The court then subtracts the recipient spouse’s amount from the payer spouse’s amount. This number is the initial maintenance amount. This is often expressed in the following equation.
(33.3% of the payor’s net income) – (25% of the recipient’s net income) = annual maintenance amount
However, the recipient’s total income (including maintenance) cannot exceed 40% of the combined net income of both spouses. To calculate this, consider the following example.
- Payor’s net income: $100,000
- Recipient’s net income: $40,000
Calculation:
(33.3% of $100,000 = $33,300) – (25% of $40,000 = $10,000)
Annual maintenance = $23,300
Combined income = $140,000
Recipient’s total income = $40,000 + $23,300 = $63,300
Since $63,300 is less than 40% of $140,000 ($56,000), the court may reduce the award to meet the cap.
How Long Will Spousal Support Last?
Illinois also provides a formula to determine how long support should last. The duration is based on the length of the marriage:
- Multiply the number of years married by a statutory percentage.
- The percentage increases with the length of the marriage.
- For marriages over 20 years, courts may award permanent maintenance or support equal to the length of the marriage.
The court can use a duration multiplier to help determine spousal support. Speak with your attorney about how this might affect your case.
Can Court’s Award Something Different than the Formula?
Yes, Illinois courts can deviate from the formula if:
- One or both spouses have high incomes
- One spouse is self-employed
- If one spouse has fluctuating income
- There are significant assets or debts
- The formula would result in unfair hardship
If the court decides to use something different than the formula, it must explain its reasons why in writing.
Modifying or Terminating Support
Spousal support may be modified or terminated if:
- There’s a substantial change in circumstances (e.g., job loss, illness)
- The recipient remarries
- The recipient cohabits with a new partner
- The agreed-upon term expires
Always consult an attorney before seeking modification.
Get Assistance with Calculating Spousal Support
There are clear formulas that help with calculating spousal support, but there is more to the equation than just the math. The parties’ negotiations may impact it as well as other factors that deviate spousal support. Navigating these calculations on your own can be difficult and frustrating. A trusted Illinois spousal support lawyer can help make all the difference.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.