How is Spousal Support Calculated if it Does Not Fall Under Guidelines?

 Posted on March 13, 2020 in Spousal Support

Getting a divorce means a lot of changes will occur. One of the most noticeable is your change in income. Most married couples live and run their household off of two incomes. When you get divorced, you have to transition from sustaining a household under shared incomes to meeting your needs with your income alone. For spouses who have not worked during their marriage or who have recently entered the workforce, this can be problematic. People who make significantly less than their spouses may also be concerned about their ability to support themselves after divorce. In these cases, spousal maintenance may be awarded. But what happens when your situation does not fall under the normal guidelines for calculation?

Illinois Spousal Support Guidelines

There are a number of factors that can affect whether or not you receive a maintenance award. These factors can include the income of both you and your spouse, whether or not either of you were out of the workforce for a period of time, and each of your needs. If the court finds that an award is appropriate, and you and your spouse earn a combined income of less than $500,000, the court will follow normal guidelines. This means spousal maintenance will be calculated by taking 33.3 percent of the income of the paying spouse and subtracting 25 percent of the income of the receiving spouse. Maintenance will usually be paid monthly, but in some cases, it may be paid annually or in a lump sum at the time of divorce.

Deviations From Maintenance Guidelines

There are a couple of different situations in which you and your spouse will not be subject to guideline calculations. One of the most common ways you might be subject to non-guideline calculations is if you have prior obligations for child support, spousal maintenance, or both. Another situation is if your combined obligation for child support and spousal maintenance equals 50 percent or more of your gross income. Lastly, if you and your spouse’s combined gross annual income is more than $500,000, you will not be subject to guideline calculations. In these situations, it will be up to a judge to determine what type of maintenance award will be appropriate for your situation.

Contact an Aurora Divorce Attorney

Money is one of the most common stressors in marriage and divorce. Illinois provides guidelines for calculating spousal support payments. However, certain cases may not fall under the regular calculation guidelines. At the Law Office of Matthew M. Williams, P.C., we know how important spousal maintenance can be for a person's continued success. Whether you will be receiving or paying spousal support, we will do everything in our power to ensure that maintenance will be awarded appropriately and calculated correctly. Contact our skilled DuPage County spousal maintenance lawyer. Call us today at 630-409-8184 to schedule a confidential consultation.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm