Illinois Marriage and Dissolution of Marriage Act Redefines Child Custody

The child custody provision within the new divorce statute now addresses the "allocation of parental responsibilities and parenting time" rather than simply "custody."

New Formula to Calculate Alimony (i.e., Maintenance) in an IL Divorce

Equally important, the divorce statute includes an updated maintenance provision, commonly referred to as "alimony," which involves a mathematical formula not previously utilized.

To determine the maintenance award duration, the court uses the following calculations:

(Marriage 0-5 years) x (20%)

(Marriage 5-10 years) x (40%)

(Marriage 10-15 years) x (60%)

(Marriage 15-20 years) x (80%)

For marriages of over 20 years, the court shall order either permanent maintenance or the length of the marriage.

To determine the maintenance award amount, the formula is:

(30% of the payer's income) - (20% of the receiver's income)

Note: The receiver's new income cannot exceed 40% of the parties' combined income.

For additional information about the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), visit the Illinois General Assembly website.

The Illinois State Bar Association also has an in-depth article on the updated spousal maintenance guidelines in Illinois.

To see if makes sense to pursue legal representation in your specific circumstances, please contact me: Attorney Christian S. Collin. Collin Law Offices, P.C., has locations in downtown Chicago as well as in Chicago's western suburb of Berwyn. Both offices serve clients in suburban Cook County and DuPage County. We will also be opening a new law office in Berrien County, Michigan, to serve clients in the Benton Harbor/St. Joseph area.

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