How is divorce maintenance calculated




















We have developed this Digital Tool to help you navigate your way through the most common legal questions which may arise during or at the breakdown of a relationship and to help you know your rights. At iFLG, we believe in helping families to understand the law and resolve any family disputes as simply, quickly and cost effectively as possible. Personalised legal advice should always be taken. Particular circumstances may change the outcome.

We have developed this Digital Tool to help you navigate your way through the most common legal questions which may arise when resolving the financial outcome of a divorce or civil partnership dissolution.

Legal advice should always be taken. Skip to main content. Search form Search. Relationship Agreements. Spousal Maintenance Calculator. This article also outlines how the calculator works and looks at whether or not alimony will be paid. Illinois state statutes clearly outline how to calculate alimony. The equation is found in the maintenance section because Illinois calls alimony maintenance.

The equation is based on each party's net income and the length of the marriage. The divorcing parties also have the option to choose their own alimony payments outside of the courtroom. The court must approve it, but it generally goes through if both spouses agree. The calculator above, like most cases, uses the guideline method to calculate alimony. Under these guidelines, there is a standard equation used to calculate alimony:. This method also outlines the duration of alimony which is standardized based on the length of the marriage.

When using the non-guideline method, the court decides how to calculate alimony. If the court chooses this method, they must state how much maintenance would have been under the guidelines. They also must outline why they decided to deviate from those guidelines.

Before calculating alimony, the court first decides whether either party will receive alimony. To do this, they consider the following factors:. With so many factors, it can be difficult to know whether or not the court will award alimony in your case. For an in-depth analysis of your situation, contact Sterling Hughes and speak with an attorney. Maintenance assists the lower-earning spouse as they transition out of the marriage. In some cases, alimony is paid simply to support the other spouse.

The duration of alimony depends on the length of the marriage. In , lawmakers updated the equation used to calculate maintenance. Cases from before are still able to calculate alimony using this equation.

Examples of non-W2 are employees or people who make a significant portion of their income through commission. No matter the reason, alimony needs to be fair. Their income may vary drastically month-to-month, but it should balance out over a year or years. There are different types of maintenance for different situations. Temporary maintenance is used during the divorce process. Alimony after the divorce is either fixed-term or indefinite. Fixed-term can also be rehabilitative or reviewable.

Rehabilitative means it supports a spouse while they gain earning power. This is a complicated area. It can be paid in more than one instalment. For example, a part payment when the court order is made or very soon afterwards , followed by other payments when the house is sold.

Any lump sums that are payable in the future potentially run the risk of having changes made to them. If the marriage or civil partnership is short — less than five years — it might not be paid at all, or only for a short period.

But where a couple has been together for a long time, or where an ex-partner is unable to work, it can be paid for life. It means either until the person paying maintenance or the one receiving it dies. Although the person paying it could use this as a reason to apply to the courts to get the amount reduced. And the policy can provide a lump sum or monthly payments if they were to die while you were still receiving spousal maintenance.

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