Including 2018 Amendments to the IMDMA

This 2018, the enactment of HB 2537 reshaped Illinois and DuPage County divorce and maintenance laws. One of the most significant changes enacted by this new bill is the creation of a brand new schedule for determining the duration of maintenance.

Accordingly, we have published a comprehensive article explaining the changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which further illustrates the changes enacted by the new Illinois laws.

Because our 2015 - 2017 maintenance calculator has helped many of our clients throughout their divorce process, we have created an updated Illinois maintenance calculator for your use. To estimate your maintenance under the new Illinois maintenance laws, simply use the formulas we have provided below.

***UPDATE***

Due to changes to the IMDMA enacted by SB 2289, maintenance awards for Illinois divorces filed in 2019 will be calculated in a different manner than divorces filed in 2018. If you are anticipating or seeking information on a divorce which will be filed in 2019, please refer to our new 2019 Illiniois Maintenance (Alimony) Calculator for the most up-to-date information.

New 2018 Illinois Maintenance Calculator - Use This Formula to Estimate Your Divorce Maintenance / Alimony Award

The following formula can help you create a reasonable estimation of what your Illinois maintenance award would be. Just follow the instructions below; they will guide you through calculating both the amount of your award and the duration of your award. 

Amount and Duration

The final maintenance award for a divorce is always broken down into two parts:

1. The amount of maintenance awarded, and;

2. The duration of time the maintenance will be awarded

Below, we will walk you through the steps to calculating both maintenance amount and duration.

1. Illinois Formula for Maintenance Award: Duration

The duration of maintenance, or how long the maintenance is awarded for, is one major factor when determining the overall maintenance award.

To calculate duration, multiply the length of marriage with the corresponding multiplying factor.

(Marriage <5 Years) x (0.20)

(Marriage 5 Years) x (0.24)

(Marriage 6 Years) x (0.28)

(Marriage 7 Years) x (0.32)

(Marriage 8 Years) x (0.36)

(Marriage 9 Years) x (0.40)

(Marriage 10 Years) x (0.44)

(Marriage 11 Years) x (0.48)

(Marriage 12 Years) x (0.52)

(Marriage 13 Years) x (0.56)

(Marriage 14 Years) x (0.60)

(Marriage 15 Years) x (0.64)

(Marriage 16 Years) x (0.68)

(Marriage 17 Years) x (0.72)

(Marriage 18 Years) x (0.76)

(Marriage 19 Years) x (0.80)

(Marriage 20 or more Years) = court shall determine the duration, or order an indefinite term of maintenance

2. Illinois Formula for Maintenance Award: Amount

The second important factor when determining overall maintenance award is the amount of maintenance owed. While the final amount will vary based on factors which are unique to each case, the following formula can help you approximate what your award should be:

(30% of the payer's net income) - (20% of the receiver's net income*)

*The receiver's new net income cannot exceed 40% of the parties' combined net income

Examples of Divorce Maintenance Calculations Using the New 2018 Formula

Is the formula above confusing, or are you uncertain whether you calculated your maintenance correctly? 

Don't worry. Here are two examples of how a household would calculate maintenance using the formula above.  

Example 1: Two Income Household

In this first example, let's calculate maintenance for a marriage of 15 years, where both spouses earn an income. You have:

Spouse A, whose annual income is $150,000, and;

Spouse B, whose annual income is $70,000

Assuming that the court determines maintenance should be granted, the maintenance award can be calculated as follows.

Calculating Maintenance Award Amount:

($150,000) x (30%) = $45,000 (Spouse A)

($70,000) x (20%) = $14,000 (Spouse B)

($45,000) - ($14,000) = $31,000

According to calculations, Spouse B should be granted a maintenance award of $31,000 each year. In this case, Spouse B's new annual income exceeds 40% of the parties' combined annual income.

($150,000 + $70,000) x (40%) = $88,000 (40% of combined income)

($70,000 + $31,000) = $101,000 (Spouse B's new annual income)

Taking into consideration that Spouse B's new annual income exceeds 40% of the parties' combined annual income, the court would likely modify the maintenance amount to adhere to the 40% rule. In this case, Spouse B would most likely be granted around $18,000 in maintenance each year.

Calculating Maintenance Award Duration:

The parties' marriage length is 15 years, which is then multiplied by the corresponding multiplying factor of 0.64.

(15 years of marriage) x (0.64) = 9.6 Years Duration

In Conclusion:

Spouse B should be awarded maintenance of approximately $18,000 per year, for a duration of 9.6 years.

Example 2: Single Income Household

For our second example, let's say we have a marriage of 14 years where only one spouse earns an income. In this case, we have:

Spouse A, whose annual income is $150,000, and;

Spouse B, who does not earn an income

Assuming that the court determines maintenance should be granted, the maintenance award can be calculated as follows.

Calculating Maintenance Award Amount:

($150,000) x (30%) = $45,000 (Spouse A)

($0.00) x (20%) = $0.00 (Spouse B)

($45,000) - ($0.00) = $45,000

According to the calculations, Spouse B's should be granted a maintenance award of $45,000 each year. In this case, Spouse B's new income does not exceed 40% of the parties' combined income.

Calculating Maintenance Award Duration:

The parties' marriage length is 14 years, which is then multiplied by the corresponding multiplying factor of 0.60.

(14 Years of Marriage) x (0.64) = 8.96 Years Duration

In Conclusion:

Spouse B should be awarded maintenance of approximately $45,000 per year, for a duration of 8.96 years.

Questions About Illinois / DuPage County Maintenance Guidelines? Contact DuPage County Divorce Lawyers to Discuss Your Case

After using our maintenance formula, you probably have a fair estimate of your Illinois maintenance. Perhaps you also have some thoughts and opinions. How does it compare to your initial expectations? Let us know what you think.

All in all, the IMDMA and new Illinois maintenance laws are enacted to streamline and standardize how maintenance is determined in Illinois divorces. However, given that each divorce case comes with a unique set of factors, your final maintenance award may vary, depending on how the court interprets your case.

For that reason, our maintenance calculator is only intended to help you make estimations and does not replace legal advice from an experienced family law attorney. If you have questions or concerns about your divorce case, please contact our law office at (630) 261-9098. At Dolci & Weiland, we understand just how much is at stake in a divorce case. That's why we strive to provide our clients with the dedicated legal representation they need, to achieve the results they want. We offer free initial consultations to sit down and review your divorce case, so you can explore your legal options risk-free. Give us a call, today.