Family Law

Spousal Maintenance Scenarios

If you are navigating a divorce, you already know that there is a lot to learn about the ins and outs of the legal implications here in Illinois. Add this confusion to the mix of emotions you are feeling, and you can feel even more overwhelmed. Choosing to work with an experienced family law attorney is your first step to finally feeling more in control of your situation. The next step is to listen to your attorney’s guidance and learn more about questions you may have.

At Gandhi Selim Law, we notice our clients often have anxiety and questions about the topic of spousal maintenance. New changes to Illinois laws regarding spousal maintenance, also known as alimony, went into effect earlier this year. We have found that teaching our clients about this new law using fictional scenarios works best. Here are two scenarios that apply to the new Illinois law related to spousal maintenance.

Scenario #1

John and Marissa are divorcing after 8 years of marriage. Their combined income is less than $250,000 per year. Using the new formula set forth in the Illinois 2018 law regarding spousal maintenance, the judge determines that maintenance should be paid for 2.88 years. The judge determined this time by taking the number of years married (8) and multiplying by the set factor of (0.36).

Now, let’s determine the amount of maintenance that could be paid out. John makes $100,000 per year. Marissa makes $20,000 per year.

John: 30% of $100,000 = $30,000
Marissa: 20% of $20,000 = $4,000
$30,000 – $4,000 = $26,000

This calculation demonstrates that Marissa could receive $2,166.67 per month for 2.88 years. Of course, negotiations and judge rulings could affect each individual case differently.

Scenario #2

Georgia and Luke are divorcing after 3 years of marriage. Their combined income is less than $250,000 per year. Georgia makes $100,000 per year and Luke makes $80,000 per year. Since each spouse has an individual gross income of at least 40% of the spouses’ combined gross income, no maintenance amount for either spouse under the Illinois maintenance guidelines.

Scenario #3

Henry and Lily have been married for 20 years. They have a combined income of more than $500,000. Since their income is above $500,000, the amount of spousal maintenance will be decided by a judge based on a variety of factors including assets and age. This situation should include the input of experienced lawyers who advocate for their clients.

If you are ready to begin the divorce process, do not do it alone. You can quickly become overwhelmed by laws and percentages, leaving you ill prepared to handle an attorney representing your ex-partner. Set up your free consultation with Gandhi Selim Law today; we specialize in advocating for our clients while keeping them in the loop about their case. Let us advocate for you during this confusing and difficult time.

Published by
Gandhi Selim

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