In 2014, state lawmakers radically changed the method for calculating alimony in Chicagoland. Before the so-called “modern family bill,” judges had almost unlimited discretion in setting the amount and duration of payments, provided they relied on any of the approved factors in any way they saw fit. The 2015 changes made spousal support payments more like child support payments. The law fixed guideline amounts, which were presumed reasonable in most cases.
Three years later, lawmakers approved House Bill 2587, which took effect in January 2018. While these new changes were nowhere near as radical as the 2015 rewrite, they still bear close scrutiny. As a further note, there is already one major change scheduled for January 2019. That is the date that the tax deduction for alimony payments is scheduled to end.
Higher Income Threshold
Under the prior law, the alimony guidelines applied to couples with joint incomes under $250,000. That figure seems high, but actually excludes many Chicagoland households. The Windy City is the eleventh wealthiest city in the United States. Per capita income in certain areas of town, like the Near North Side and Lincoln Park, is especially high. As a result, the guidelines did not apply and judges used the old factor-based method. That is the precise outcome the legislature wanted to avoid.
So, the 2017 amendments raise the threshold to $500,000 in joint income. That figure probably incorporates almost all Illinois households except the wealthiest of Illinoisans. Traditional assumptions about spousal support usually do not apply in these cases, anyway, so the legislature probably did the right thing.
Shorter Duration of Payments
Under both the 2014 rewrite and 2017 amendments, the duration of alimony payments in Illinois is a multiple based on the length of the marriage. The old law lumps marriage length into groups of years. The multiple was .20 for marriages that lasted less than five years, .40 for five to nine years, .60 for 10 to 14 years, and so on. To calculate duration, take the length of the marriage and multiply. So, if the couple was married eight years, the obligor had to pay alimony for a maximum 38 months (3.2 years, which is 8 x.4).
The 2017 amendments assign a unique multiple for each year (.24 for five years, .28 for six years, and so on). As a result, alimony durations are now shorter. To use the same example as above, the obligor must now pay for only 21 months (2.9 years, which is 8 x .36), though the dollar amounts may increase for shorter marriages.
No More “Permanent Maintenance”
The new law replaces this phrase with “maintenance for an indefinite term.” The change may be significant. It was already difficult to obtain permanent maintenance. Typically, the obligee had to have a disability. Now, such payments may be even harder to obtain. Most likely, the obligee must have a severe disability, such as near-total blindness, almost complete hearing loss, or loss of a limb.
Partner with Experienced Lawyers
New tweaks to the alimony law could have a significant effect on your pocketbook. For a confidential consultation with an experienced family law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Estefania Solveyra)