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How does alimony work in Illinois?

| Jan 30, 2020 | Family Law |

How much do you have to pay or how much will you receive if you are lucky enough to have a very successful divorce? According to FindLaw, in Illinois, it is a formula. They used to take 30% of the breadwinner’s gross income minus 20% of the other spouse’s gross, and that is what you pay or that is what you will receive, depending on which side of it you are on. 

They used to do it on gross income because initially, you could deduct anything you paid from your federal income tax.  When the federal tax laws changed, you are no longer be able to deduct it from your gross. So the legislature in Illinois has come up with a workaround. They now do it on your net income and is 33% of the breadwinner’s net income minus 25% of the other spouse’s net income. This is going to have an impact on your divorce, depending upon your circumstances. 

Make sure you know which scenario works best for you and try to get your divorce done or get your divorce continued accordingly. If your spouse does not earn any income, then the court will generally impute some income on them. It will not be a lot, but it will make a little bit of a difference. 

You probably have other questions, such as how long you are going to have to pay this or how long will you have to wait before you receive it. You may have to plot the entire length of your maintenance obligation or your maintenance benefit. This may give you an inkling of exactly how much you are going to pay and what other factors come into play.