Resolving Life's Challenges to Get You to a BETTER PLACE
Illinois Divorce Lawyer Helping Clients With Spousal Support Cases in Cook County
When you file for divorce in Cook County, you may be seeking spousal maintenance or you may be wondering if you will need to pay it. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs matters related to support in Cook County divorces. In order to be eligible to receive spousal maintenance, one of the parties involved in the divorce case must ask for support. In other words, the court does not simply decide that spousal maintenance should be considered. Once a party seeks spousal maintenance, the court first needs to decide whether spousal maintenance is appropriate. If it decides that a spousal maintenance award is in fact appropriate in the case, then it typically will use a formula to determine the amount and duration of the support.
Illinois law recently changed the formula for spousal maintenance, and it is important to understand how changes to the law could affect your case. An experienced Cook County spousal support lawyer can answer your questions today.
Factors in Determining Whether Spousal Maintenance Is Appropriate in a Cook County Divorce Case
The very first step in any spousal maintenance case is for the court to determine whether a spousal maintenance award is appropriate. If this type of support is not appropriate, the court never gets to the question of the amount or duration of the award. The following are some of the factors the court takes into consideration in deciding whether spousal maintenance is appropriate:
- Income of each of the parties;
- Needs of each of the parties;
- Present and future earning capacities of each party;
- Impairment of future earning capacity of the party that is seeking maintenance due to domestic duties or foregoing education for the sake of the marriage;
- Impairment of future earning capacity of spouse who would be paying the maintenance;
- Standard of living established during the marriage;
- Duration of the marriage;
- Age and health of each party;
- Occupation, skills, employability, and sources of income of each party;
- Contributions by one spouse to the other spouse’s education, training, or career; and
- Premarital agreement terms.
How Spousal Maintenance Amount and Duration Is Determined in Cook County
As of July 2015, Illinois courts have been using a set of guidelines that include a formula for determining the amount and duration of spousal maintenance. When the guidelines first took effect in 2015, they only applied to married couples with a combined gross annual income of less than $250,000. Recognizing that the guidelines needed to apply to more divorcing couples in Illinois, the state legislature amended the law. As of January 1, 2018, the guidelines now apply to couples earning a combined gross annual income of less than $500,000.
Here is how the formula works for determining the amount of maintenance:
- Take 30 percent of the gross income of the spouse paying maintenance;
- Subtract 20 percent of the gross income of the spouse receiving maintenance; and
- Divide that amount by 12 to get the monthly spousal maintenance payment amount.
The duration of the award, the court multiplies the number of years married by a factor, which increases by .4 for each additional year of marriage. Here is an example:
- Fewer than 5 years = .20;
- At least 5 years but less than 6 years = .24;
- At least 6 years but less than 7 years = .28;
- At least 7 years but less than 8 years = .32.
The multiplier continues to increase by .4 for each additional year of marriage up to 20 years. When a couple has been married for 20 years or more, the court can award spousal maintenance for the same duration as the length of the marriage or for an indefinite period of time.
Contact a Cook County Spousal Support Attorney
“For anyone reading this and looking for a great family law firm to hire, go with the best, Arami Law.”- B.A. Lincoln
Available 24/7 by Phone
Exclusively Focused on Family Law
Each Case is Given Personal Attention
Tailored Solutions for Each Client
Reasonable & Fair Approaches
Equipped for Trial