Calculating Maintenance (formally known as alimony)

 Posted on May 26, 2020 in Divorce

Maintenance (formally known as alimony) is financial support for an ex-spouse. This can be ordered by the court during the divorce as temporary support and/or after the final Judgment for Dissolution of Marriage is entered. Maintenance only applies if the parties were married.

As of January 1, 2019, Illinois changed the way maintenance is calculated. Maintenance is now calculated by taking 33% of the payer’s net income – 25% of the receiver’s net income. Additionally, Illinois places a cap on the amount of maintenance (excluding temporary maintenance) one can receive, which cannot be more than 40% of the couple’s total combined income.

For example:

Spouse 1’s net annual income is $100,000.00

Spouse 2’s net annual income is $50,000.00

$100,000.00 X .33 = $33,000.00

$50,000.00 X .25 = $12,500.00

$33,000.00 – $12,500.00 = $20,500.00 in maintenance per year

Remember, maintenance ($20,500.00) cannot cause the receiving spouse to receive more than 40% of the couple’s combined income, so don’t forget to check the cap!

$100,000.00 + $50,000.00 = $150,000.00 X .40 = 60,000.00

Spouse 2’s income of $50,000.00 + maintenance of $20,500.00 = $70,500.00. This puts Spouse 2’s total income above the 40% mark of the couple’s total combined income ($60,000.00), therefore, we have to deduct the maintenance award to bring it back down to that 40% mark.

$70,500.00 – $60,000.00 = $10,500.00 we need to deduct

$20,500.00 – $10,500.00 = $10,000.00 in maintenance per year.

Therefore, Spouse 2 should receive $10,000.00 per year or $833.33 per month.

How long does maintenance last?

The length is determined in large part by the length of the marriage:

• Married less than 5 years (0.20)
• Married 5 years (0.24)
• Married 6 years (0.28)
• Married 7 years (0.32)
• Married 8 years (0.36)
• Married 9 years (0.4)
• Married 10 years (0.44)
• Married 11 years (0.48)
• Married 12 years (0.52)
• Married 13 years (0.56)
• Married 14 years (0.60)
• Married 15 years (0.64)
• Married 16 years (0.68)
• Married 17 years (0.72)
• Married 18 years (0.76)
• Married 19 years (0.80)
• Married For 20 years or more, the court will either order permanent spousal support or maintenance for the length of the marriage.

For Example, spousal support awarded to someone in a 10-year marriage would be calculated by taking 10 years X .44 = 4.4 years of maintenance.

Another important note is that maintenance is not deductible by the payor spouse or included as income for the receiving spouse.