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Eligibility for Alimony in Illinois Standard of living established during marriage. Age, health, employability, and educational level of each spouse. Earning capacity and ability to become self-supporting for the spouse seeking maintenance. Property, including marital and non-marital assets, divided between spouses.
Alimony is no longer tax-deductible, so it isn't a tax advantage to the party who pays the spousal support. It can't be written off as a deduction like child support payments. Typically, the higher-income earner in a higher tax bracket is responsible for paying the child support.
In a marriage of under 5 years, maintenance payments last for 20% of the marriage's length. For a 9-10 year marriage, alimony payments last 40% of the marriage's length. 20+ years of marriage means alimony will either last the marriage's length or indefinitely.
Guideline Maintenance The final maintenance amount can't be more than 40% of the combined net income of the parties. After calculating the amount, the court uses a formula based on the length of the marriage to determine how long the payor must pay maintenance.
Tax Implications of Alimony for the Recipient Like child support, spousal maintenance isn't considered taxable income.