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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 Illinois Spousal Maintenance Laws Have Changed in 2019

Posted on in Spousal Maintenance

Hinsdale spousal maintenance attorney At the beginning of 2019, some significant alteration to federal and state divorce laws went into effect. These changes impact spousal maintenance, previously known as spousal support or alimony in Illinois. Spousal maintenance is a recurring payment from one former spouse to another after a divorce , typically provided by the higher-earning individual for a determined period of time. It allows a lesser-earning ex-spouse time to build a new life on their own. The duration that spousal maintenance is paid largely depends on the length of the marriage.

Eligibility for Spousal Maintenance 

A judge will consider various factors when determining whether to award alimony to a spouse, including:

  • Each spouse’s income, property, needs, and earning capacity
  • the standard of living achieved while the couple was married
  • Any contributions of an ex-spouse to the education and career of the higher-earning former partner
  • the time a maintenance recipient needs to obtain education, training, and employment to support themselves in full.
  • the tax impact of property division in the couple’s divorce decree.

Spousal Support Changes in 2019

Changes to 750 ILCS 5/504 dictate that for divorce s completed on or after January 1, 2019, the amount of spousal support payments will be calculated by subtracting 25 percent of the recipient’s net income from 33.3 percent of the payor’s net income. this differs from the previous model, in which 20 percent of the recipient’s gross income was subtracted from 30 percent of the payor’s gross income. 

Under the new law, the recipient’s spousal maintenance and net income, when added together, cannot amount to more than 40 percent of the former couple’s combined net income. If that happens, the amount of maintenance will be reduced until it is below this threshold.

In addition to the change to state maintenance laws, a significant federal law alteration is also now in effect. Those who pay alimony can no longer use it as a tax deduction, and recipients will not report maintenance as taxable income. While divorce cases going forward will use this arrangement, those who completed their divorce before the end of 2018 will continue to use the old tax scheme, in which maintenance was tax-deductible for the pay or and taxable for the recipient.

Contact an Elmhurst Spousal Maintenance Lawyer

Spousal support and other divorce-related issues are complicated, and you will want to get them right in order to reduce the need for post-divorce modifications. The experienced attorney s at Wakenight & Associates, P.C. can help you ensure that maintenance is awarded and determined correctly in your divorce case. Call an Oak Brook divorce attorney at 630-852-9700 for a free consultation.





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