Illinois Alimony Calculator
Estimate spousal support payments under Illinois's statutory formula. The state formula applies up to 33.33% of income, with an income cap of $500,000.
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- Post-2018 TCJA: alimony is not tax-deductible for the payor and not taxable income for the payee (federal).
Illinois Alimony Laws
Illinois has a statutory formula under 750 ILCS 5/504: 33.33% of payor's net income minus 25% of payee's net income, capped at 40% of combined net income. Duration is set by a statutory table based on marriage length.
Illinois is one of the states that uses a statutory formula to calculate spousal support, providing more predictability in alimony outcomes. However, courts retain discretion to deviate from the formula when circumstances warrant it.
How Illinois Calculates Spousal Support
Formula: 33.33% of payor's net income minus 25% of payee's net income. Total support cannot exceed 40% of combined net income. Duration: marriages 0-5yr = 20% of length; 5-6yr = 24%; 6-7yr = 28%; 7-8yr = 32%; 8-9yr = 36%; 9-10yr = 40%; 10-11yr = 44%; 11-12yr = 48%; 12-13yr = 52%; 13-14yr = 56%; 14-15yr = 60%; 15-16yr = 64%; 16-17yr = 68%; 17-18yr = 72%; 18-19yr = 76%; 19-20yr = 80%; 20+yr = court discretion or permanent.
Income cap: $500,000 per year. Income above this cap is subject to court discretion.
Maximum percentage: 33.33% of the paying spouse's income.
While the formula provides a starting point, courts may adjust the amount based on factors such as the standard of living during the marriage, each spouse's financial resources, contributions to the marriage, and the requesting spouse's ability to become self-supporting.
Types of Alimony Available in Illinois
Illinois courts may award the following types of spousal support:
- Temporary
- Fixed Term
- Reviewable
- Permanent
- Indefinite
The type of alimony awarded depends on the circumstances of the divorce, including the length of the marriage, the financial needs of the requesting spouse, and the purpose the support is intended to serve.
Illinois Alimony Duration Guidelines
Statutory table: duration ranges from 20% of marriage length (0-5 years) to 80% (19-20 years). Marriages over 20 years may receive permanent or indefinite maintenance.
Courts may modify the duration of alimony if there is a substantial change in circumstances, such as a significant increase or decrease in income, retirement, remarriage of the recipient spouse, or cohabitation with a new partner.
Frequently Asked Questions: Illinois Alimony
How is alimony calculated in Illinois?
Illinois uses a statutory formula: 33.33% of payor's net income minus 25% of payee's net income. Total support cannot exceed 40% of combined net income. Duration: marriages 0-5yr = 20% of length; 5-6yr = 24%; 6-7yr = 28%; 7-8yr = 32%; 8-9yr = 36%; 9-10yr = 40%; 10-11yr = 44%; 11-12yr = 48%; 12-13yr = 52%; 13-14yr = 56%; 14-15yr = 60%; 15-16yr = 64%; 16-17yr = 68%; 17-18yr = 72%; 18-19yr = 76%; 19-20yr = 80%; 20+yr = court discretion or permanent. Courts may deviate from the formula based on specific circumstances of the case.
How long does alimony last in Illinois?
Statutory table: duration ranges from 20% of marriage length (0-5 years) to 80% (19-20 years). Marriages over 20 years may receive permanent or indefinite maintenance. The actual duration depends on the specific facts of each case, and courts may adjust based on changed circumstances.
Can alimony be modified in Illinois?
Yes, in most cases alimony can be modified in Illinois if there is a substantial change in circumstances. Common grounds include significant changes in income, job loss, retirement, serious illness, or the recipient spouse becoming self-supporting. Some types of alimony, such as lump-sum awards, may not be modifiable.
Is alimony taxable in Illinois?
For divorce agreements executed after December 31, 2018, alimony is not taxable income for the recipient and not tax-deductible for the payer under federal tax law (per the Tax Cuts and Jobs Act). Illinois follows federal tax treatment. For pre-2019 agreements that have not been modified, the old rules may still apply.
Does Illinois have permanent alimony?
Yes, Illinois allows Permanent / Indefinite alimony. This is typically reserved for long-term marriages where the receiving spouse cannot become self-supporting. The types of alimony available in Illinois include: Temporary, Fixed Term, Reviewable, Permanent, Indefinite.