In this article, we will explain the modification of spousal maintenance orders in Illinois. Either spouse in a divorce proceeding can request financial support from the other, but the court will only grant the request in cases where the petitioning spouse demonstrates a need for financial assistance during or after the divorce. As of January 1, 2015, there will be a new law in Illinois as it pertains to spousal support, also known as alimony or maintenance. The court’s goal in awarding alimony is to put each spouse in an equal (or as close to it as possible) financial situation after the divorce. The court expects the spouse receiving longer-term alimony to make good faith efforts (considering age, skills, and life experience) to become employed and self-supporting. The amount calculated as maintenance, however, whe… People who are able to work are generally expected to find a job and support themselves. consider more severe consequences, like jail. each spouse’s income and property, including marital property, awarded in the divorce, the realistic present and future earning capacity of each spouse, any impairment of the current and future earning capacity of the party requesting support due to decisions made during the marriage (for example, a stay-at-home parent leaving the workforce will have a more difficult time becoming financially stable after a divorce), the standard of living established during the marriage, the time the requesting party needs to obtain the appropriate education, training, and employment to become financially independent, each spouse’s age and physical and emotional health, both spouses’ income, including disability and retirement, whether or not one spouse contributed to the other spouse’s education during the marriage, any agreement for support between the parties, and. In some situations, paying spouses opt to make a lump-sum payment instead of years of monthly support payments. Such a document details all the terms of the separation. In general, what marital and non-marital propertyis awarded to each party? Illinois | Alimony Law Summary . There is no waiting period for an uncontested divorce, but you must be an Illinois resident for at least 90 days to file for divorce. In 2021, this formula is used to calculate alimony in Illinois: (30% of the payer's gross income) – (20% of the payee's income) = the yearly maintenance paid. However, the judge is not required to order maintenance. This requires both spouses to cooperate in drafting a written agreement to be submitted along with their petition. Section 504 of the IMDMA provides in relevant part that maintenance:shall be calculated by taking 30% of the payor’s gross income minus 20% of the payee’s gross income. Under Illinois divorce laws, a custodial parent may receive child support from the other parent. Additionally, the alimony payments are no longer tax-deductible by the payor spouse. In Chicago, Illinois, alimony is called maintenance and it is governed by a statute which lays out strict mathematical formulas to arrive at the amount and duration of monthly support. Use the following information to help you while you are completing your Illinois divorce papers. You may be able to find an alimony calculator online that can give you a rough approximation of what you can expect to pay or request based on your income and tax status, but there is no exact formula to apply. If both spouses are self-supporting, the court may deny the request for alimony, even if there is a large discrepancy in income. Big changes are coming to the Illinois spousal maintenance law (alimony). It is possible that an award of property could eliminate or reduce an otherwise award for maintenance. While the new law first becomes effective January 1, 2015, the changes will need to be addressed immediately in pending divorce and post-divorce cases across the state. Family Law and the Consequences It Holds Beyond the Courtroom, Child Visitation Problems and Suggestion Overview, All You Need To Know About Divorce Forms and Documents Types of Forms, Determining the Best Interest of the Child First, What Are Court Ordered Visitation Schedule. A marriage can end through an annulment or a divorce in Illinois. On August 15, 2014, Governor Quinn signed into law new spousal maintenance (alimony) rules that drastically change how maintenance (formerly known as alimony) is determined in Illinois. As of January 2016, irreconcilable differences is only reason that can be cited for divorce in the state. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. While the above is a correct general statement of the new income tax law, the Internal Revenue Code has complex provisions relating to maintenance. In addition, there are four basic types of alimony available in Illinois: Temporary alimony is paid for a fixed period of time, then it ends. No matter how mutually amicable the agreement submitted to the court, a judge has the final authority in deciding the amount granted for any alimony in Illinois. Illinois Divorce Laws; Illinois Family Laws; Illinois Marital Property Laws; If You're Ending Your Marriage, an Illinois Divorce Attorney Can Help. Permanent alimony is typically reserved for spouses that are unable— due to illness, age, or other factors—to support themselves after the divorce. Text: 312-728-8424 Call: 312-634-6196 Book a consultation Either spouse may receive alimony from the other, without regard to fault in the divorce. By law, legal separations are also allowed. However, under the 2017 Tax Cuts and Jobs Act, beginning on January 1, 2019, the supported spouse no longer needs to claim alimony payments as income for tax purposes. The current guidelines for judges to follow in order to decide and calculate alimony are ambiguous and uncertain. The court may order any of the following if it finds the paying spouse in violation: Maybe. The outgoing law laid out varying factors for the Court to consider in determining maintenance, including such things as standard of living, income of the parties, age, education, health and employment history. For this reason, couples who do not wish to submit to the unpredictable ruling of a judge who cannot reach an agreement between themselves may decide to share the cost of the services of a lawyer specializing in divorce mediation. There are three kinds of maintenance that can be applied for: • Permanent maintenance is generally only awarded in marriages that have lasted 20 years or longer. any other factor the court wishes to consider. Generally, spousal support is appropriate in cases where there is a discrepancy in the income of each of the parties. To prove a change in circumstances, the requesting party may introduce evidence of any of the following: In divorces that the court finalized on or before December 31, 2018, the paying spouse can deduct the payments for tax purposes, and the recipient spouse must include the payments as income on tax returns. What types of alimony are available in Illinois? We are providing the following Illinois divorce laws to you as an easy reference guide. Should the parties be unable to resolve their difference, one or both may decide to seek private legal counsel to represent them in court. Courts grant … Before the judge awards support, the court must evaluate each spouse’s income, whether the paying spouse will also pay child support, and whether the recipient spouse needs financial assistance. any other factor the court finds to be just and equitable. Either party may seek alimony; however, it is not guaranteed. • Rehabilitative maintenance is designed to help spouses while they receive the education or training necessary to re-enter the work force and become financially self-sustaining. How to Manage Child Support and Alimony Under Illinois Divorce Laws.
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