Illinois Spousal Support Calculator

Navigating the complexities of divorce can be challenging, and understanding spousal support, officially known as "maintenance" in Illinois, is a critical component for many individuals. This calculator provides an estimated amount of maintenance based on the current Illinois statutory guidelines, offering a preliminary insight into potential outcomes.

What is Spousal Maintenance in Illinois?

Spousal maintenance is financial support paid by one spouse (the payor) to the other (the payee) after a divorce. Its purpose is to help the lower-earning spouse maintain a lifestyle similar to what they enjoyed during the marriage, especially if they have been out of the workforce or have a significantly lower earning capacity. In Illinois, the law provides a specific formula for calculating maintenance in many cases, though judges retain discretion to deviate from this formula.

The Illinois Statutory Formula for Maintenance

Effective January 1, 2019, Illinois Public Act 100-923 revised the way spousal maintenance is calculated. The formula applies when the combined gross annual income of both parties is less than $500,000, and neither party has a valid maintenance waiver agreement. If these conditions are met, the formula involves two main components: the amount and the duration.

Calculating the Maintenance Amount:

• Take 33.3% of the payor's gross annual income.
• Subtract 25% of the payee's gross annual income from that amount.
• The resulting amount is the annual maintenance. This calculator converts it to a monthly figure.

Important Cap: The amount of maintenance, when added to the payee's gross annual income, cannot result in the payee receiving more than 40% of the parties' combined gross annual income. If the initial calculation exceeds this 40% cap, the maintenance amount is reduced accordingly.

Calculating the Maintenance Duration:

The length of the marriage directly impacts the duration of maintenance. Illinois law uses a sliding scale of multipliers based on the number of years the couple was married:

• Less than 5 years: 20%
• 5 years: 24%
• 6 years: 28%
• 7 years: 32%
• 8 years: 36%
• 9 years: 40%
• 10 years: 44%
• 11 years: 48%
• 12 years: 52%
• 13 years: 56%
• 14 years: 60%
• 15 years: 64%
• 16 years: 68%
• 17 years: 72%
• 18 years: 76%
• 19 years: 80%
• 20 or more years: Maintenance may be for a period equal to the length of the marriage or for an indefinite term.

The calculator applies these multipliers to the length of your marriage to estimate the duration of maintenance.

How to Use the Illinois Spousal Support Calculator

1. Enter Payor's Gross Annual Income: Input the gross annual income of the higher-earning spouse.
2. Enter Payee's Gross Annual Income: Input the gross annual income of the lower-earning spouse.
3. Enter Length of Marriage (Years): Input the total number of years the couple was married.
4. Click "Calculate Maintenance": The estimated monthly maintenance amount and its duration will be displayed.

Factors Affecting Maintenance Awards (Judicial Discretion)

While the statutory formula provides a guideline, judges in Illinois have the discretion to deviate from it, or not apply it at all if the combined income exceeds $500,000, or if other factors warrant it. Some of the factors a court considers include:

• The income and property of each party, including marital and non-marital property.
• The needs of each party.
• The present and future earning capacity of each party.
• Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or forgoing education, training, employment, or career opportunities.
• Any impairment of the present and future earning capacity of the party against whom maintenance is sought.
• The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment.
• The standard of living established during the marriage.
• The duration of the marriage.
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and the needs of each of the parties.
• All sources of public and private income including, but not limited to, disability and retirement income.
• The tax consequences of the property division upon the respective economic circumstances of the parties.
• The contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse.
• Any valid agreement of the parties.
• Any other factor that the court expressly finds to be just and equitable.

Important Disclaimer

This Illinois Spousal Support Calculator is designed to provide a general estimate based on the current statutory guidelines. It is not a substitute for legal advice from a qualified attorney. Divorce and maintenance cases are highly fact-specific, and many variables can influence the final outcome. Tax implications, specific financial situations, and judicial discretion can all lead to results that differ from this calculator's estimate. Always consult with an experienced Illinois family law attorney to discuss your specific circumstances.