The federal Tax Cuts and Jobs Act of 2017 eliminated the tax deduction for people paying spousal maintenance, or alimony, while exempting recipients from having to include those payments as taxable income. Many states, including Illinois, reacted to this substantial change by passing revised spousal maintenance legislation. The revised Illinois law made a number of changes to the ways in which Illinois spousal support payments as part of a divorce order are determined.
The state switched to using net income rather than gross income to determine alimony payments, so that the money a person actually receives in their paycheck after taxes and other deductions better reflects the tax burden on payors.
The payment calculation method was also changed:
While the formula has changed, the maximum payment is still the same: the payment amount plus the recipient’s net monthly income cannot exceed 40 percent of the combined net monthly incomes of both parties.
Finally, the new law has changed how long the payer must pay maintenance. This duration period is still calculated by multiplying the years of marriage by a certain percentage, but according to revised percentages.
For marriages of five years or less, the duration period equals the years married multiplied by 20 percent. For example, if a marriage lasted four years, the duration is four times .20, or 0.8 year. The percentage increases for every year of marriage between six and 19. If you were married 20 or more years, permanent alimony may be awarded. An online calculator is available here.
If you have questions about spousal maintenance in Illinois, don’t hesitate to reach out to the Law Offices of Paul Chatzky in Northfield. Whether you are getting divorced or have a past alimony order to deal with, our attorney can help. Call 847-416-1646 or contact us online to schedule a consultation.