How Do I Calculate Spousal Maintenance?
Anyone who is going through a divorce in DuPage County likely has questions and concerns about the financial aspects of divorce. More specifically, you may be wondering: will I need to pay spousal maintenance, or will I be eligible to receive spousal maintenance? In the event spousal maintenance is awarded, most couples in DuPage County will have spousal maintenance calculated accorded to guidelines based on income. While courts can deviate from these guidelines in some circumstances, the guidelines are a good bet for calculating a likely spousal maintenance award.
Determining Whether a Spousal Maintenance Award Is Appropriate
Before you begin calculating a likely spousal maintenance award, it is important to understand that everyone is not simply entitled to spousal maintenance. Under Section 504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), before the court ever gets to the point of calculating a spousal maintenance award, it first needs to make a finding as to whether a maintenance award is appropriate. To do so, it considers a wide variety of factors listed in the statute. Examples of some of those factors include but are not limited to:
- Each of the parties’ incomes;
- Needs of each of the parties;
- Present and future earning capacity of each of the parties;
- Impairment of either of the parties’ present and future earning capacity due to devoting time to domestic duties during the marriage;
- Standard of living established during the marriage;
- Duration of the marriage; and
- Age and health of each of the parties.
Once the court determines that one of the spouses should receive a maintenance award, then its calculation of the amount of the award largely depends upon the couples’ combined income.
Using the Guidelines to Calculate Spousal Maintenance
If the combined gross income of both parties is under $500,000, then Illinois courts usually will use stated guidelines for calculating the amount of spousal maintenance. Here is how the formula works under the guidelines:
- Take 33 percent of the payor spouse’s net income (this is the spouse making the maintenance payments);
- Take 25 percent of the payee’s spouse’s net income (this is the spouse receiving maintenance payments);
- Subtract 25 percent of the payee spouse’s net income from 33 percent of the payor spouse’s net income; and
- Remaining amount is the yearly amount of spousal maintenance.
For example, imagine that the payor spouse has an annual net income of $100,000 and the payee spouse has an annual net income of $50,000. Here is how the calculation would work:
- Take 33 percent of the payor spouse’s net income (33 percent of $100,000 = $33,000);
- Take 25 percent of the payee’s spouse’s net income (25 percent of $50,000 = $12,500);
- Subtract 25 percent of the payee spouse’s net income from 33 percent of the payor spouse’s net income ($33,000 - $12,500 = $20,500); and
- Remaining amount ($20,500) is the yearly amount of spousal maintenance.
For most spousal maintenance awards, the payments are made on a monthly basis. The court likely would divide the annual amount of maintenance by 12 to get monthly payments of approximately $1,708.33 per month.
In situations where the parties have a combined gross income of $500,000 or more, the court does not use the guidelines. Instead, the court will look at a variety of factors in determining the appropriate amount of spousal maintenance.
Contact an Oakbrook Terrace Spousal Maintenance Lawyer
The dedicated family lawyers at Farooqi & Husain Law Office have been serving the Muslim community in DuPage County for years, and we can help with any questions you have about calculating spousal maintenance under Illinois law. An experienced Oakbrook Terrace spousal maintenance lawyer at our firm can speak with you today. Contact Farooqi & Husain Law Office online for more information or call us at 630-909-9114.