Understanding Spousal Maintenance In Illinois With Naperville Lawyers

The one certainty in divorce is that life circumstances will change dramatically for everyone involved. Careful consideration must be given to financial issues as well as personal concerns. If you believe spousal maintenance – sometimes called alimony or spousal support – may be ordered in your case, the first step is to get clear, accurate information about relevant laws and how Illinois courts handle this issue.

Are You Concerned About What You Will Pay Or Receive After Divorce?

Relying on friends, family members or inexperienced lawyers for guidance on alimony could be a serious mistake. There are many misconceptions to be aware of. The attorneys at Blacha Law Office, LLC, offer experienced legal guidance regarding spousal maintenance and all other aspects of divorce.

Factors That Determine The Amount And Duration Of Alimony

It is important to understand that spousal maintenance orders are far from automatic in Illinois. Unlike child support, which is guideline-based and largely formulaic, whether you pay or receive alimony – and how much and for how long – can be determined according to more complex and subjective factors.

When deciding the terms of alimony, courts will review factors such as:

• The income and assets of both parties
• The financial requirements of each individual
• Current and future earning potential, including any limitations and the time necessary for a spouse to achieve financial independence
• The length of the marriage
• The lifestyle maintained during the marriage
• Nonfinancial contributions made by either spouse
• The age, physical condition and emotional well-being of each party
• Tax implications
• Any agreements made between the spouses

While you may know the truth about these and other factors, a judge does not always have this information immediately available to them. Thankfully, you can take action to ensure a court has the necessary information to come to a fair decision.

With our help, we can present the information available to defend your best interests to a judge to help ensure they come to a just decision. We are prepared to do the legwork of gathering income and tax statements, proof of monthly expenses, medical reports and other evidence that shows the facts surrounding your divorce to pursue the outcome you deserve in your divorce.

How Is Alimony Calculated In Illinois?

As of Jan. 1, 2019, the Illinois income threshold to determine if alimony is warranted increased from a combined gross annual income of $250,000 to $500,000. This means spousal maintenance will be a component for more high net worth couples who are getting divorced.

In Illinois, alimony, or spousal maintenance, is calculated using a formula that considers the gross annual income of both spouses. The amount that a spouse may receive as payment is often 1/3 of the payor’s total income after subtracting 1/4 of the payee’s income. The length of these payments scales with the length of the marriage. For example, if a couple was married for only five years, the length of alimony would be 20% of the marriage length, but if the couple was together for more than 20 years, the payments could be indefinite.

What Can Disqualify You From Alimony?

In Illinois, several factors can disqualify an individual from receiving alimony, including:

• The potential payee having too many assets or incomes
• The short duration of the marriage
• The cohabitation of the payee with a new partner in a marriage-like relationship
• The ability of the seeking spouse to work and support themselves
• Prenuptial or postnuptial agreements blocking alimony
• Court discretion based on unique circumstances

Whether you are the payee or the payor in your divorce, we can help you fight for an outcome that reflects the truth of your marriage while protecting your best interests.

Trusted Legal Guidance For Spousal Maintenance

Whether you believe alimony will be a contested issue in your divorce or simply want to be fully informed and avoid surprises as you work toward an agreement, please contact our law office today. We offer a free consultation focused on your most important questions and concerns. Call 630-283-1987. We have offices in Naperville and Joliet, and we serve clients in DuPage, Will, Cook, Kane and Kendall counties. We are also fluent in Polish.