What Is Spousal Maintenace, and How is it Calculated?
Alimony, or spousal maintenance, is a payment made by one spouse to another to help them pay their essential bills if they cannot. Getting a divorce does not title you to spousal maintenance. Rather, spousal maintenance must be awarded by the court to a spouse demonstrating need. Alimony also cannot be awarded if the other spouse cannot afford to pay it.
Illinois Spousal Maintenance Calculator
In the state of Illinois, the law determines alimony payments through a simple formula. 33% of the payer's annual income minus 25% of the recipient's annual income will get you the yearly maintenance amount.
For this example, we will use two easy numbers and assume that the court has awarded the second spouse spousal maintenance:
If one spouse made 100,000 dollars a year and the second spouse made 30,000 dollars a year, it would break down like this
- 33% of 100,000 dollars is 33,000 dollars
- 25% of 30,000 dollars is 7,500 dollars
- The difference between 33,000 and 7,500 is 25,500 dollars.
The second spouse can expect annual maintenance of 25,500 dollars. Other factors can affect the payment amount. Use this free online alimony calculator to determine your potential alimony payment.
The length of time the second spouse will be obligated to pay the maintenance will vary based on a percentage of the years they have been married. A divorce from ten-year marriage will have a few months over four years in alimony payments, while a twenty-year marriage gives the court the ability to order payments for the length of the marriage, or even permanent payments.
Divorce Help from the Law Offices of Robert M. Kaplan
Are you going through a divorce? The law offices of Robert M. Kaplan serve the greater Schaumburg, Il area; contact us today if you want assistance with your divorce proceedings and see how we can help make this hard time easier.