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New Changes to Illinois Maintenance Laws in 2019

As of January 1, 2019, new changes in Illinois divorce law have come into effect.  One major change is the method for calculating spousal maintenance, which is often referred to as “alimony.”

Old Maintenance Law

Under the pre-2019 law, spousal maintenance was calculated by taking 30% of the higher-earning spouse’s gross income, and subtracting 20% of the lower-earning spouse’s gross income.  The resulting number was the base maintenance rate, which was then run through a “cap” to determine if any deduction should be applied.  

New Maintenance Law

Under the new law, the percentages have changed.  Instead of using 30% of the higher-earning spouse’s income, the statute now uses 33 and 1/3%.  Also, instead of using 20% of the lower-earning spouse’s income, the statute uses 25%.  Furthermore, the spouses’ net income is now used in the calculations, instead of gross income.  The same “cap” calculation from the pre-existing law is still used. 

You can find a more detailed explanation and example of how maintenance is calculated under the new 2019 Illinois law here.

Why the Changes?

The Illinois formula for calculating maintenance was modified in response to recent changes in the federal tax code, which provides that maintenance (“alimony”) is no longer tax deductible to the payor.  The new Illinois formula now uses the parties’ net incomes for the main calculation, as opposed to their gross incomes under prior law, and changes the percentages which are applied. 

(815) 207-9570

Call to schedule an initial consultation

To schedule a consultation with a dedicated and experienced family law attorney serving Will County, Dupage County, and Kendall County, call today at (815) 207-9570.

The information on this site is not legal advice.  Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.