New Illinois Maintenance Laws for 2019

 Posted on December 00,0000 in Spousal Support

Divorce is always complicated, no matter how you look at it. There are many issues you must settle before you can finalize your divorce, one of those being the issue of alimony or spousal maintenance. In Illinois divorce cases, spousal maintenance is never guaranteed -- some people will ask for maintenance and not receive it, some will never even bring the issue up and some are actually awarded maintenance when they seek it. For some people, maintenance is a necessity to help them survive, at least for the first couple of months after the divorce. Illinois spousal maintenance laws changed starting January 1, 2019. These laws affect the way spousal maintenance is calculated, so it is important that you understand the changes if you have not yet finalized your divorce.

Old Maintenance Laws

Prior to 2019, spousal maintenance was calculated by taking 30 percent of the payer’s income and subtracting 20 percent of the receiver’s income. This was a valid calculation for any couple whose combined annual income was less than $500,000, though the total maintenance awarded was not able to be more than 40 percent of the couple’s combined income when adding the payment to the receiver’s income.

New Maintenance Laws

Beginning in 2019, the new United States tax code was put into effect, which deemed spousal maintenance no longer tax deductible to the payer. In response to this, Illinois changed how spousal maintenance is calculated. Now, spousal maintenance is calculated by taking 33.3 percent of the payer’s income and subtracting 25 percent of the receiver’s income. Also, instead of using gross income, the couple’s net income is used for maintenance calculations. These calculations also apply to couple’s whose combined annual income was less than $500,000. The maintenance awarded is still not able to be more than 40 percent of the couple’s combined income when adding the payment to the receiver’s income.

Get in Touch With a DuPage County Spousal Maintenance Attorney

Spousal maintenance can be especially stressful and confusing, especially since you are not guaranteed to receive spousal maintenance. If you believe you are entitled to spousal maintenance, you should contact an Aurora, IL spousal maintenance lawyer. At the Law Office of Matthew M. Williams, P.C., we can help you determine how likely it is that you will receive spousal maintenance and we can also help you calculate what those payments would be. Call our office today at 630-409-8184 to set up a consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000