Spousal Maintenance
Securing your way of life, preserving your retirement plans, and setting yourself up for future success – whether paying or receiving alimony are examples of what is at stake when you negotiate or litigate spousal maintenance in Illinois.
The law here is complex. You need a Chicago divorce attorney with the experience, background, tenacity, and compassion necessary to champion your goals. Call me at (312) 621-5234 for assistance with your divorce in the North Shore, the city, and throughout Lake, Cook, and the surrounding counties.
Answering Your Questions
There is no shortage of outdated or irrelevant information online. Trying to answer questions yourself will probably just result in more questions:
- How can I avoid paying alimony?
- How is alimony calculated, and how long does it last?
- Who qualifies to receive spousal maintenance?
- Do I still receive alimony if I start dating, if I get pregnant or if I remarry? Do I still have to pay if I remarry?
- Could I refuse maintenance?
- Do alimony payments count as taxable income?
- Can I deduct spousal maintenance on my taxes?
- Can you still get alimony if you cheated?
- Can a prenup avoid alimony?
- Can income from a new partner be considered when calculating maintenance amounts?
It is my job as a Chicago divorce lawyer to provide real answers to these and other concerns, based on the exact details of your situation.
Working Within the Illinois Alimony Formula
Illinois state guidelines set a framework for alimony. However, there could be alternatives depending on your case that warrant a deviation from the guidelines. If you are part of a high-income marriage, you will need special attention for spousal support because the state guidelines may not apply. Please contact me immediately, in this case, to get started.
Who Is Entitled to Maintenance?
There is no hard rule when it comes to spousal maintenance. Courts decide whether it is appropriate based on the facts of the case — finances, contributions to the marriage, level of dependency, lifestyle, and so on:
- The duration of the marriage
- Each spouse’s awarded in the divorce
- Current and projected income and earning capacity for each spouse
- Each spouse’s separate non-marital property (i.e., inheritance property one had before marriage, property received as a gift, etc.)
- If the marriage stopped or delayed a spouse’s career or education
- Anything that inhibits ones earning capacity
- The time required for the requestor to become self-sufficient again
- Standard of living during the marriage
- The emotional and mental state of each spouse, as well as age
- Any case-specific criteria that the court considers relevant
Types of Alimony and Maintenance in Illinois
There are three kinds of alimony and maintenance awards under Illinois law. These include:
- Fixed-Term Alimony — Fixed-term alimony is established for a set duration under 750 Illinois Compiled Statute § 5/504. At the end of the term, future maintenance is barred.
- Reviewable Alimony — Similar to fixed-term alimony but at the end of the term a recipient’s right to continue receiving payments will be subject to court review.
- Indefinite Alimony — Indefinite maintenance is financial support that is awarded without a specific end. It may be modified upon request and a showing of a substantial change of circumstances. Also, it may be terminated if the receiving spouse remarries or cohabitates with another person on a resident, conjugal basis, or if either party dies.
The Amount of Alimony and Maintenance in Illinois
The guideline method for calculating alimony uses a standard equation of 33.3 percent (one-third) of a payer’s monthly net income minus 25 percent (one-quarter) of a receiver’s monthly net income to determine the amount that will be paid every month. However, the maintenance amount, when added to the recipient’s gross income, cannot be more than 40% of the combined gross incomes for both parties.
How Long Does Alimony and Maintenance Last in Illinois
750 Illinois Compiled Statute § 5/504(b-1)(1)(B) establishes that the duration of an alimony or maintenance award must be calculated by multiplying the length of the marriage at the time the divorce case was filed by whichever of the following factors applies:
- Marriage of fewer than 5 years — 0.20 percent
- Marriage of 5 years or more but less than 6 years — 0.24 percent
- Marriage of 6 years or more but less than 7 years — 0.28 percent
- Marriage of 7 years or more but less than 8 years — 0.32 percent
- Marriage of 8 years or more but less than 9 years — 0.36 percent
- Marriage of 9 years or more but less than 10 years — 0.40 percent
- Marriage of 10 years or more but less than 11 years — 0.44 percent
- Marriage of 11 years or more but less than 12 years — 0.48 percent
- Marriage of 12 years or more but less than 13 years — 0.52 percent
- Marriage of 13 years or more but less than 14 years — 0.56 percent
- Marriage of 14 years or more but less than 15 years — 0.60 percent
- Marriage of 15 years or more but less than 16 years — 0.64 percent
- Marriage of 16 years or more but less than 17 years — 0.68 percent
- Marriage of 17 years or more but less than 18 years — 0.72 percent
- Marriage of 18 years or more but less than 19 years — 0.76 percent
- Marriage of 19 years or more but less than 20 years — 0.80 percent
- Marriage of 20 or more years — The court, in its discretion, can order maintenance for a period that is equal to the length of the marriage or for an indefinite term.
To get the agreement you deserve, you need a skilled, persuasive, and experienced Illinois divorce attorney on your side, championing your case. I am that attorney. Please call me at (312) 621-5234 for immediate assistance, or use this site’s contact form to schedule a consultation.
Requirements to Obtain Spousal Support Modification
A person will have to satisfy several requirements to obtain any kind of successful maintenance or alimony modification. Changes in financial circumstances for either party may justify a modification of spousal support, up or down.
If you suspect that a significant change in circumstances warrants a change, you will want to retain legal counsel. Under 750 Illinois Compiled Statute 5/510, factors that may be considered a substantial change justifying a modification of maintenance or alimony can include
- A significant increase or decrease in the income of either party
- A change in employment for either party
- An inability to earn current or future earnings for either party
- A receiving spouse becoming self-supporting
- Property either party acquired since the divorce
When one party wants to modify or end maintenance or alimony payments, they can file a motion with their County Clerk of the Circuit Court. Both parties will then have the change to present their case to a judge.
The party seeking the modification must provide evidence to the court that warrants an amendment to or termination of current payments. You do not have to go to trial if you and your ex-spouse are able to agree on a modification. An attorney can incorporate the terms of your agreement into a court order that will then be presented to the judge for approval..
Contact An Experienced Chicago Maintenance & Alimony Lawyer
You should know that I offer a wealth of experience in Illinois dealing with maintenance and alimony in divorce cases. I understand how judges analyze the facts and laws they are going to factor into their decisions, so I can help every one of my clients work towards the most favorable possible outcomes in their cases.
I invite you to review some of the many testimonials from my previous clients as well as my peer recognitions to better understand the level of legal representation I can offer. I work hard to stay current on Illinois laws and different state court rulings so my clients can know what is possible when we are preparing to enter a settlement meeting or courtroom.
I believe that I have achieved significant and positive results for my clients over the many decades I have been practicing law, and I am confident in my ability to argue many different kinds of cases. When you are seeking an attorney who is going to be tough in the courtroom but compassionate outside of it, I can be that lawyer.
I invite you to call (312) 621-5234 today or contact us here to schedule an initial consultation in which we can further discuss your case. I represent clients throughout the Greater Chicago area including Deerfield, Glencoe, Highwood, Lake Forest, Northbrook, Evanston, and all other communities in and near Cook County.
