Waiving the Right to Spousal Maintenance in Illinois

 Posted on March 23, 2018 in Alimony / Maintenance

Illinois divorce lawyerUnder some states’ laws, individuals may waive their right to seek spousal maintenance in their divorces. When an individual or couple chooses to waive this right, they typically include it in their prenuptial agreement. Illinois is not one of these states. In Illinois, spousal maintenance is a right just like child support is a right. However, there are limits to this right. Unless the couple agrees to it, a judge cannot order unallocated spousal maintenance after their divorce. In other words, a judge must include a specific dollar figure in a couple’s spousal maintenance order.

How Is Spousal Maintenance Determined in Illinois?

On January 1, 2015, Illinois’ current spousal maintenance law went into effect. This formula replaced the older way of determining spousal maintenance, which was a set of factors that courts could consider at their discretion to determine an appropriate maintenance amount and period of time over which it would be paid. Now, spousal maintenance is calculated according to a formula that takes both partners’ gross incomes and specific percentages of each to determine an appropriate maintenance amount, not unlike Illinois’ child support formula. The spousal maintenance formula is as follows:

Thirty percent of the higher earning spouse’s annual income minus 20 percent of the lower-earning spouse’s annual income equals the annual maintenance amount.

This formula is not applied to all cases. When a couple’s combined income is $250,000 per year or higher, the court may deviate from the formula to determine an appropriate maintenance amount. If the difference between the figures for the partners used in the formula plus the recipient’s gross income is more than 40 percent of the couple’s combined income, the maintenance amount is reduced to put it at 40 percent of their combined income.

The period of time for which an individual may receive spousal maintenance depends on the length of his or her marriage. This is calculated by applying a multiplier to the number of years the couple was married. With this guideline, only individuals who were married for 20 years or longer may receive permanent spousal maintenance.

Using Spousal Maintenance After Your Divorce

Spousal maintenance, known as alimony in some other states, is money paid by one former spouse to the other so that spouse can avoid financial hardship following their divorce. Often, it is meant to cover the recipient’s expenses while he or she prepares to enter the workforce and become financially self-sufficient. The court cannot require a spousal maintenance recipient to use the money he or she receives in a specific way. It may be terminated when the recipient remarries.

Work with an Experienced St. Charles Divorce Lawyer

Before you file for divorce, speak with an experienced Kane County divorce lawyer to ensure that you understand how the components of your divorce settlement will be calculated. Contact our team at Shaw Sanders, P.C. today by calling 630-584-5550 to schedule your initial consultation with us to discuss the specific details of your case.





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