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How Is “Net Income” Calculated for Illinois Spousal Maintenance in 2019?

Article written by Attorney Kevin O'Flaherty
Updated on
October 28, 2019

In this article, we explain how net income is determined when calculating spousal maintenance in Illinois in 2019.  We answer the following questions: “how is Illinois spousal maintenance calculated in 2019?”, “what is the definition of ‘gross income’ for Illinois spousal maintenance?”, and “how is ‘net income’ determined for Illinois Spousal Maintenance?”

How is Illinois Spousal Maintenance Calculated in 2019?

If the court determines that spousal maintenance is appropriate and also determines that is appropriate to apply statutory guidelines for the amount and duration of spousal maintenance, the amount of spousal maintenance is calculated according to a relatively simple formula.  To learn more about how the court makes these determinations, check out our article, Illinois Spousal Maintenance Explained.

When courts apply statutory guidelines to calculate spousal maintenance, the amount of spousal maintenance payments is determined by subtracting 25% of the recipient’s “net income” from 33.33% of the payor’s net income.  For more on this, check out our article: How is Illinois Spousal Maintenance Calculated in 2019?

A party’s “net income” is determined by subtracting certain expenses from the party’s “gross income.”  We will explain the definition of gross income as well as the items that are deducted from gross income to arrive at net income below.

What is the definition of “Gross Income” for Illinois Spousal Maintenance?

“Gross Income” is defined as all income from all sources except maintenance payments awarded in the pending proceedings.

How is “Net Income” Determined for Illinois Spousal Maintenance?

Net income for the purpose of spousal maintenance is calculated by taking the party’s gross income and subtracting the following:

  • Federal income tax;
  • State income tax;
  • Social Security;
  • Self-employment tax;
  • Mandatory retirement contributions required by law or as a condition of employment; and
  • The amount of child support actually paid to a different family pursuant to a court order.

For more on the current state of spousal maintenance law in Illinois, check out our article: Illinois Spousal Maintenance 2019.

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