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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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How Much Maintenance or Alimony Will I Receive or Pay?

Addison Spousal Support Attorneys

DuPage County Spousal Support Attorneys

Despite changing social norms, it is not uncommon in today's world for one spouse to stay at home to raise a couple's children and to take care of the house while the other spouse is the primary wage-earner. If the primary wage-earner makes enough money, the other spouse may not need to work at all or may only work part-time. When such a couple divorces, however, the situation can quickly become complicated, especially for the lower-earning spouse.

At Wakenight & Associates, P.C., our skilled family lawyers can assist you in exploring options that could mitigate the financial effects of your divorce, including spousal maintenance or alimony. We will work with you in building a happier future for yourself and your children.

Calculating Maintenance in Illinois

Divorcing spouses have the option to negotiate an agreement regarding the payment of maintenance after their divorce. This can be done prior to the marriage in a prenuptial agreement or as part of the divorce proceedings. If there is no agreement in place, it will be up to the court to determine if spousal support is appropriate for the individual case in question. The court must consider a number of factors regarding the couple's marriage and divorce and will only order maintenance if it is necessary to facilitate an equitable outcome.

If the court finds that maintenance is appropriate, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) provides a formula for calculating the amount to be paid and the period for which the payments will continue. This formula applies to most cases where the spouses' combined gross annual income is less than $500,000 and the higher-earning spouse has no previous responsibilities for maintenance or child support.

When the formula is used, maintenance is calculated by taking one-third (33.3 percent) of the higher-earning spouse's gross annual income and subtracting one-fourth (25 percent) of the lower-earning spouse's income. The difference plus the lower-earning spouse's income may not exceed 40 percent of the couple's combined income. The duration of the award is calculated as a weighted percentage of the length of the marriage, with longer marriages leading to relatively longer periods of maintenance.

An Illustrative Example

Consider a 10-year marriage in which the husband earns $150,000 per year in gross income and his wife earns $28,000. Based on these numbers alone, it seems that maintenance would probably be appropriate. To find the amount that is payable, the court would take one-third (33.33%) of the husband's income ($50,000) and subtract one-fourth (25%) of the wife's income ($7,000). The result would be $43,000. When that amount is added to the wife's income, the total would be $71,000 or just under 40 percent of the couple's combined income. Therefore, the husband would be ordered to pay $43,000 per year or $3,583.33 per month in maintenance

For a marriage of 10 years, the law provides a percentage factor of .44, which is multiplied by 10 years to give 4.4 years, or about 53 months.

Deviations and Exceptions

In situations where the spouses' combined income is $500,000 or greater or the higher-earning spouse has prior maintenance or child support obligations, the statutory formula is not required. The court may also deviate from the formula if it finds that applying the standard guidelines would be inappropriate. When the standard guidelines are not used, it is up to the court to determine an amount of maintenance based on a full consideration of all of the applicable factors of the case.

Call 630-852-9700 for Help

If you are facing a divorce and maintenance is likely to be a concern, contact our office. Call 630-852-9700 to schedule a free, no-obligation consultation at Wakenight & Associates, P.C. today. Our firm serves clients in Elmhurst, Oak Brook, Villa Park, Addison, Lombard, Western Springs, La Grange, Hinsdale, Burr Ridge, Wood Dale, Rolling Meadows, Kane County, and DuPage County.

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