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Spousal Support Lawyer Chicago

HomeSpousal Support Lawyer Chicago

Spousal Support Lawyer Chicago, Maintenance Lawyer Chicago

If you are seeking a divorce, spousal support might be one of the many issues that will need to be settled or ordered by the court.  In Illinois, spousal support and alimony are known as maintenance. An experienced spousal support lawyer in Chicago can help ensure that you are fairly paying or receiving spousal support under the law.

Eligibility for Spousal Support, Maintenance

Take note that not all divorces will involve someone paying spousal support, which is known as Maintenance in Illinois courts. It is only awarded under specific conditions and circumstances. If you are wondering if it might apply to your case, it’s best to contact a seasoned spousal support attorney in Chicago. Illinois family court will consider many factors to make this determination, which includes:

  • Each spouse’s income and properties 
  • Each spouse’s needs
  • Each spouse’s present and future earning capacity and any impairments to that capacity
  • If one spouse delayed or stopped their education or career advancement as a result of marriage or childcare
  • The amount of time necessary for the receiving spouse to obtain education or job training to advance their career and job opportunities
  • The standard of living established during the marriage
  • How long the couple was married
  • Each spouse’s age, physical health, income, job skills, employability 
  • Every source of public and private income
  • Any potential tax consequences resulting from property division in the divorce
  • Contributions made by one spouse to increase the earning power or education of the other
  • Prenuptial or postnuptial agreements regarding support payments

How is Spousal Support, also known as maintenance, Determined in Illinois?

Spousal support or maintenance is governed by the Illinois Marriage and Dissolution of Marriage Act. In 2015, Illinois law initiated new maintenance guidelines. The first step is to determine if a spouse is entitled to receive alimony, also known as spousal support but most widely recognized as Maintenance in Illinois. Next, the spouses will need to see if these guidelines apply to their specific situation. If so, then the amount and length of maintenance get calculated using the facts in the case.

In 2019, the laws concerning the calculation of spousal support, also known as maintenance, were modified significantly.

The Duration of Spousal Support (Maintenance)

The law also governs how long spouses can receive this financial support, known as maintenance. The duration of payments will be a percentage of the number of years the couple was married. The percentage increases with the duration of the marriage. Here are some example percentages that correlate with the length of the marriage, as previously used by the courts:

  • Married less than 5 years: 0.20
  • Married 5 years: 0.24
  • Married 8 years: 0.36
  • Married 10 years: 0.44
  • Married 12 years: 0.52
  • Married 15 years: 0.64
  • Married 19 years: 0.80
  • Married 20 years or more: Courts can order permanent spousal maintenance or for a length of time equal to the length of the marriage

It’s crucial to note that the support will legally terminate if the spouse receiving the support remarries or cohabitates with someone. They will not be allowed to ask for it back.

A Spousal Support Lawyer in Chicago Can Help

At Ward Family Law, we know and respect how tricky finances can be surrounding your divorce. Contact us today to meet with a seasoned spousal support attorney in Chicago about your case.

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