As of January 1, 2018, the Illinois spousal maintenance law has changed the parties’ combined gross income threshold from $250,000 to $500,000. Courts are required to take into account several factors to determine whether alimony should be awarded. If these mandate spousal maintenance, the family law court will use the statutory formula to calculate the amount of maintenance that should be awarded to the receiving spouse as well as the duration of time it will be paid.
If the combined income exceeds the threshold, the court will have the discretion in determining the duration and amount of maintenance by weighing in different factors outlined in the statute.
Under the new statutory guidelines, the length of the marriage and multiplying factors will be as follows:
Length of the Marriage
Less than 5 years
For marriages lasting 20 years or more, the maintenance is awarded for either an indefinite term or a term equal to the duration of the marriage. This has replaced the statutory guidelines of the current law that provide the court with options of either permanent maintenance or for a period equal to the duration of the marriage when it has lasted for 20 years or more. In addition, maintenance for an indefinite term will replace permanent maintenance, giving courts the ability to decide a fixed term in addition to the total number of years of the marriage after which the spousal maintenance payments will be terminated.
Contact Our Schaumburg Law Office
If you need help understanding how the new statutory guidelines affect your divorce case, contact Robert M. Kaplan, Law Offices of Robert M. Kaplan, PC, a Schaumburg divorce attorney, to assist you. Contact Robert at (847) 845-9477 to schedule a free initial consultation.