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Changes Coming to Spousal Maintenance in Illinois

Posted on in Divorce

Illinois alimony lawyersIn divorce, spouses sometimes require an additional influx of income supplied by their ex-spouse as they restart on their own. In Illinois divorce cases, this was once referred to as alimony or spousal support but is now called spousal maintenance.

During the divorce process, spouses who will pay maintenance and those who will receive it often wonder what amount they can expect. Starting January 1, 2019, a change in Illinois law will impact that figure. To ensure you either receive or pay the justified amount, you need a skilled family law attorney, like those at Anderson and Associates, P.C., who can serve as your advocate throughout your divorce proceedings.

Here is a look at how spousal maintenance will be figured starting at the beginning of next year:

How is Spousal Maintenance Calculated?

In Illinois, numerous factors are considered in spousal support calculations. These factors, which remain unchanged for 2019, include:

  • The income, property, and needs of both spouses;
  • Current and future earning capacity;
  • The standard of living established during the marriage, and how long the couple was married;
  • Any contribution by the spouse who seeks maintenance to the education and career advancement of the other spouse;
  • How long it may take the recipient to get the necessary education and employment for their career, and their capacity to support themselves during that time;
  • Income impairments for the individual who will pay maintenance; and
  • Tax consequences as a result of marital property division. 

Spousal Maintenance Equation Changes for 2019

In divorces finalized after the start of 2019, spousal maintenance awards will be determined by subtracting 25 percent of the recipient’s net income from 33 1/3 percent of the payor’s net income. When combined, however, the payee’s net income and maintenance amount cannot surpass 40 percent of the couple’s combined net income. If that occurs, maintenance will be reduced accordingly.

Another change for the new year, anyone who pays maintenance cannot deduct it on their taxes, and anyone who receives it does not have to claim it as taxable income. Any divorce completed prior to the end of 2018 remains under the current system. 

Contact an Orland Park Spousal Maintenance Attorney

Both those who pay spousal maintenance and those who receive it deserve a fair determination. Let Anderson and Associates, P.C. answer all of your spousal support payment questions. Call a Tinley Park divorce lawyer at 708-226-9904 for a free consultation.



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