How Much in Alimony?
Alimony is now called "maintenance" in Illinois. Determining spousal maintenance is a two-step analysis. The first step is that the Judge will need to decide if you are deserving of alimony. This first step is a "need based" analysis, which means exactly as it reads. The Judge will determine if you need the money. If you earn sufficient amounts of money (or have the ability to do so, but for one reason or another you are not currently employed), then you may not pass the first step of the analysis. This would be true even if your spouse earns millions of dollars.
Often, spouses have the misconception that maintenance is set because would be fair, or a spouse earns so much, it seems unfathomable that there wouldn't be alimony paid. The asking of maintenance is not an equitable argument, and is not based on whether it's fair - it's a need based analysis. If you're able to convince the Judge that you are unable to satisfy your own financial needs, and your spouse earns sufficient amounts to assist you, then the Judge will turn to step two of the analysis, which is how to set the support amount.
Setting the amount and duration of maintenance is now by formula. So, if the Judge decides you should receive support, then the rest is easy to calculate. The amount is calculated by taking 33.33% of the payor's net annual income minus 25% of the payee's net annual income. Naturally, income can be imputed in this formula if a spouse is purposefully unemployed or underemployed.
Duration of the maintenance obligation is set on the number of years from the date of the marriage to the date of filing the petition. If less than 5 years (then multiply the number of months by .20); 5 years or more but less than 6 years (multiply by .24); 6 years or more but less than 7 years (.28); 7 years or more but less than 8 years (.32); 8 years or more but less than 9 years (.36); 9 years or more but less than 10 years (.40); 10 years or more but less than 11 years (.44); 11 years or more but less than 12 years (.48); 12 years or more but less than 13 years (.52); 13 years or more but less than 14 years (.56); 14 years or more but less than 15 years (.60); 15 years or more but less than 16 years (.64); 16 years or more but less than 17 years (.68); 17 years or more but less than 18 years (.72); 18 years or more but less than 19 years (.76); 19 years or more but less than 20 years (.80).
For a marriage of 20 or more years, the court, in its discretion, shall order maintenance for a period equal to the length of the marriage or for an indefinite term, where "indefinite term" or "permanent maintenance" usually means support will terminate at the time the payor retires.
There are situations were maintenance can terminate early - usually when the spouse that receives maintenance remarries or is in a relationship that very much looks like a marriage.