How Is Spousal Support Calculated?

Spousal SupportOne of the largest concerns that a divorcing couple has is the state of their finances post-divorce. Once the court has made a decision regarding spousal support or maintenance, it has to determine the amount as per statutory guidelines.

How Spousal Support Is Calculated in Illinois

The length of the marriage plays a large role in determining spousal maintenance if the combined income of the spouses is less than $500,000. However, it can deviate from this calculation irrespective of the income. If the combined income of both spouses is less than the aforementioned amount, the judge has to present proof for deviations and the new amount it calculated.

That being said, the basic guidelines that Illinois follows to calculate spousal maintenance is simple. It is done by taking 33.33 percent of the net income of the paying spouse and subtracting it from 25 percent of the net income of the recipient spouse.

Keeping this calculation in mind, according to Illinois law, when the maintenance amount is added to the payee’s net income, it does not mean that the payee is to receive 40 percent of the combined net income of both parties. It means that the maintenance receiving spouse is not awarded more than 40% of the total net income of both spouses.

Spousal Support Modification

Unless it is mentioned and confirmed in a divorce decree, the amount cannot be changed post-divorce unless there is a substantial change in circumstances for other of the spouses. This usually happens if there is an increase or reduction in net income by about 10%. Plus, either of the spouses (the paying spouse and the recipient spouse) can ask for modifications.

Major life events can also be considered when it comes to modifying this order. This can include a change in employment which increases or decreases the income of a spouse or major health issues that reduce their ability to earn a living. The changes to the maintenance amount can be permanent or temporary as per needs.

If you are in search of an attorney who can ensure you are given the spousal maintenance you deserve or need aggressive and professional representation in court, get in touch with us at the Law Office of Fedor Kozlov today. Our success is based on a friendly and straightforward approach. We will work closely with you to come to a resolution that will be in your best interests.

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