When you file for divorce in Illinois, you will likely have many questions about the financial aspects of the dissolution of marriage. Spousal maintenance—also known as spousal support or alimony—is an issue that concerns many individuals who are planning to get divorced. For instance, the spouse who may be required to pay alimony will have questions about the amount and duration of the payments, as well as the tax implications. Similarly, the spouse who may be entitled to alimony payments is likely to have related concerns.
To learn more about spousal support in Illinois, you should reach out to an Illinois spousal support lawyer as soon as possible.
Spousal maintenance, like most other financial issues involved in a divorce, is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The first thing to know is that in order to obtain spousal maintenance, one of the parties must petition for it. A party can seek temporary maintenance while a divorce proceeding is ongoing, or for a maintenance order once the divorce has been finalized.
Once a party petitions for spousal maintenance, the next step is for the court to determine whether maintenance is appropriate. If the court decides that spousal maintenance is appropriate, then it uses guidelines to determine the amount and duration of the support or alimony for most cases.
How does an Illinois court determine whether spousal maintenance is appropriate? Under 750 ILCS 5/504(a), it considers all relevant factors, including but not limited to:
Once a court decides that spousal maintenance should be awarded, it must determine the amount and duration of the maintenance. If a couple makes a combined gross income of less than $500,000, then the court uses guidelines that were designed to make spousal support awards more objective and streamlined.
The guidelines provide a formula for the maintenance award: It will take 30 percent of the paying spouse’s gross income, and subtract 20 percent of the receiving spouse’s gross income, in order to determine the maintenance obligation (but only as long as the award does not exceed 40 percent of the combined gross income). The duration of the payments will depend on the length of the marriage, and the percentage to be applied by the formula.
If you are getting divorced, an experienced Illinois spousal maintenance attorney can answer your financial and legal questions today. Contact Law Office of Demetrios N Dalmares and Associates Ltd. for more information about our experience handling divorce cases in Illinois.
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In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Husband: Couple shared ownership in a business, resulting in complex property division issues. After investigation of the couple’s financial history, our client received a much more equitable divorce agreement than what was originally offered.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Mother: Father became aggressive and violent toward Mother during their separation, prompting her to seek full custody of their children. At trial, the court granted Father supervised parenting time only and Mother was awarded child support.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Husband: Couple had been locked in a contentious divorce for nearly three years and changed lawyers several times. Law Office of Demetrios N Dalmares and Associates Ltd. provided the experience and organization needed to resolve the case within months, avoiding a trial for our client.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife: Wife left a successful career to raise children. When Husband denied spousal support based on Wife’s previous earnings, Law Office of Demetrios N Dalmares and Associates Ltd. countered with evidence that retraining was needed, and our client was awarded spousal support.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife: Husband tried to intimidate Wife into a divorce settlement that heavily favored his interests by drawing out the case. Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife through trial, where she received an equitable share of marital assets.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Father: Mother began cohabitating with a new partner who made significantly more than our client. Law Office of Demetrios N Dalmares and Associates Ltd. successfully demonstrated that the new relationship justified a modification and obtained a favorable outcome through negotiation.