Including 2019 Amendments to the IMDMA

Effective on January 1, 2019, the enactment of SB 2289 will change Illinois family and divorce laws as applicable to divorce maintenance in Illinois and DuPage County divorces. Specifically, there will be major changes to the tax deductibility of paid divorce maintenance, as well as alterations to how maintenance awards are determined in Illinois divorces.   

Because our previous maintenance calculators for 2015-2017 and 2018 have helped many of our clients estimate their divorce maintenance and better understand their case, we decided to create another Illinois Divorce Maintenance Calculator for 2019, available below for your use.  

If you're wondering what an estimate of your Illinois divorce maintenance may be under new 2019 family laws, use the formulas we have outlined and provided for you below. If you happen to encounter any questions about your case as you work through our calculator, contact our law office at (630) 261-9098 to speak with an attorney or schedule your free divorce consultation.

How is Maintenance Calculated in Illinois? 

Following the enactment of the new 2019 Illinois maintenance laws, maintenance awards can be calculated as follows:

For award amount: (33.3% of the payer's net income) - (25% of the receiver's net income), maintaining that the payee's new net income cannot exceed 40% of the parties' combined income. 

For award duration: the duration of the marriage, multiplied by a multiplying factor as determined by the state. (To find the corresponding multiplying factors for each year, check out our calculator below.) 

New 2019 Illinois Maintenance Calculator - Estimate Your Illinois Divorce Maintenance (Alimony)

The formula we have provided below can help you form a reasonable expectation of what your Illinois maintenance award would be in a 2019 divorce. Simply follow the steps we've provided below as they guide you through calculating both your maintenance award amount and duration.

Maintenance Amount and Maintenance Duration

In Illinois divorces, maintenance awards consist of two main components:

1. The monetary value of maintenance which is awarded, and;
2. The duration of time which maintenance is awarded

Together, these two factors account for the amount of maintenance to be paid, and the length of time maintenance payment will be legally required. Below, you'll see two separate steps for calculating your maintenance duration (first), followed by your maintenance amount (second).

1. Illinois Formula for Divorce Maintenance Award: Calculating Your Maintenance Duration

The duration of maintenance is how long you will legally be required to pay maintenance, or how long you will legally be awarded maintenance. To calculate your Illinois maintenance duration, take the length of your marriage and multiply it by the corresponding multiplying factor, available below or on our multiplying factor table.

(Marriage of <5 Years) x (20%)

(Marriage of 5 Years) x (0.24%)

(Marriage of 6 Years) x (0.28%)

(Marriage of 7 Years) x (0.32%)

(Marriage of 8 Years) x (0.36%)

(Marriage of 9 Years) x (0.40%)

(Marriage of 10 Years) x (0.44%)

(Marriage of 11 Years) x (0.48%)

(Marriage of 12 Years) x (0.52%)

(Marriage of 13 Years) x (0.56%)

(Marriage of 14 Years) x (0.60%)

(Marriage of 15 Years) x (0.64%)

(Marriage of 16 Years) x (0.68%)

(Marriage of 17 Years) x (0.72%)

(Marriage of 18 Years) x (0.76%)

(Marriage of 19 Years) x (0.80%)

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

2. Illinois Formula for Divorce Maintenance Award: Calculating Your Maintenance Amount

The second component of Illinois maintenance awards is the amount -- the monetary value of maintenance which is required to be paid annually. Due to factors which are unique to each divorce case, the maintenance amount may vary. However, the formula we have provided below can give you an approximate expectation of what your maintenance award should be.

To estimate the amount of maintenance you may be required to pay or receive in an Illinois divorce, simply use the formula below:

(33.3% of the payer's net income) - (25% of the receiver's net income*)

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

Two Examples of Divorce Maintenance Calculations Using the New 2019 Formula

Do you have questions about the formula above, or are you uncertain whether you correctly calculated your maintenance?

Don't worry. Below are two examples of how a household would calculate maintenance using the formula above. If you're unsure, you can follow our examples below as a guide.

We'll use the same two examples from our 2018 Maintenance Calculator so that you can compare and contrast. To see how a family's maintenance may change between 2018 and 2019, check out our examples below alongside our corresponding examples in our 2018 Maintenance Calculator.

Example 1: Calculating Illinois Maintenance for a Two-Income Household

In this first example (the same as Example 1 in our 2018 maintenance calculator), let's calculate maintenance for a marriage of 15 years, where both spouses earn an income. You have:

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

Spouse B, whose annual net income is $70,000

Should the court determine that maintenance should be granted in this divorce, the maintenance award can be calculated as follows:

Calculating Amount for Illinois Maintenance Award:

If you follow the calculations below, it initially appears as if Spouse B will be granted a divorce maintenance award of $32,450 each year.

($150,000) x (33.3%) = $49,950 (Spouse A)

($70,000) x (25%) = $17,500 (Spouse B)

($49,950) - ($17,500) = $32,450

However, if you compare this initial calculation to the 40% rule, you'll find that spouse B's new annual income ($70,000 + $32,450) exceeds 40% of the parties' combined annual income ($88,000).

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

($70,000 + $32,450) = $102,450 (Spouse B's new annual income)

In cases like this, the court would typically modify the maintenance award so that Spouse B's new income adheres to the 40% rule. In this example, Spouse B's maintenance will likely be $18,000, which brings their new income to an even $88,000.

Calculating Duration for Illinois Maintenance Award:

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:

Based on the calculations above, Spouse B would be awarded maintenance for 9.6 years, at the value of approximately $18,000 per year.

Example 2: Calculating Illinois Maintenance for a Single Income Household

Let's use the same example from our 2018 maintenance calculator, of a marriage of 14 years. In the duration of this marriage, only one spouse earns an income. We have:

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

Spouse B, who does not earn an income ($0)

Should the court determine that maintenance should be granted in this divorce, the maintenance award can be calculated as follows:

Calculating Amount for Illinois Maintenance Award:

If you look over the calculations below, it initially appears as if Spouse B will be granted a divorce maintenance award of $49,950 each year.

($150,000) x (33.3%) = $49,950 (Spouse A)

($0.00) x (25%) = $0.00 (Spouse B)

($45,000) - ($0.00) = $49,950

Then, if we take a look at the 40% cap, we'll see that Spouse B's new income ($49,950) does not exceed 40% of the household's combined income ($60,000). So, in this case, it is unlikely that the court would modify the original maintenance calculation.

($150,000 + $0) x (40%) = $60,000

Calculating Duration for Illinois Maintenance Award:

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:

Based on the calculations above, Spouse B would be awarded maintenance for 8.96 years, at the value of approximately $49,950 per year.

Takeaways From 2019 Illinois / DuPage County Maintenance Guidelines

After reading through our maintenance calculator above and comparing it to our 2018 maintenance calculator, you probably have a deeper understanding of how the new 2019 Illinois maintenance laws may impact you and your family. You may also have a fair expectation of the Illinois maintenance award you may be required to pay or entitled to receive.

As you can see, the formulas themselves have changed. This can significantly impact many Illinois residents who choose to get divorced in the new year. For other individuals, however, there might not be that big of a difference.

Because divorce can be incredibly complicated in Illinois, it's not always apparent how these new laws might impact you and your family. Each Illinois divorce case is unique to itself, so there's always a chance that your maintenance can vary from what you expect. Therefore, it's highly recommended that you consult with a knowledgeable Illinois family law attorney who can look at all aspects of your case and give you a detailed analysis of what you can expect in your Illinois divorce.

Considering an Illinois Divorce? Contact DuPage County Family Law and Divorce Attorneys

At the end of the day, our maintenance calculator's sole purpose is to help you make an informed estimation of what your Illinois maintenance may be. By no means can our maintenance calculator replace the detail and accuracy of a comprehensive analysis by a seasoned family law attorney. Therefore, if you have any concerns about your Illinois divorce case, we are here to help. Our lawyers are prepared to look over your case and give you the personalized consultation you need to make the best choices for you and your family. Our initial consultation is free of charge so that you can explore your legal options with no financial risk. To schedule your free family law consultation today, contact our law office at (630) 261-9098.