The Best Illinois Spousal Maintenance & Alimony Attorneys
How to Get Alimony in Illinois Divorce Cases
Our Illinois divorce and family law attorneys can assist you if you're considering divorce and need help with spousal support (formerly alimony). Spousal support can be a complex issue, but our team is here to help you through every step of the process. Hiring the right attorneys to gain your spousal maintenance is the first step in the process of gaining spousal maintenance.
When considering divorce and asserting your rights, it is important to gain the proper legal representation as soon as possible Issues of hidden income and assets are often something that spouses worry about in court cases. Without appropriate legal counsel, you may not have the ability to gain what you are financially entitled to. Calculations on spousal maintenance are based upon the income you receive and the income of your spouse. Other considerations also include the assets that are available and the circumstances in which there is an income disparity.
Chicago Family Attorneys, LLC is a top law firm focused on dissolution of marriage and spousal maintenance in Illinois. Whether you are a spouse who has had to take time off of work to raise your children, or a partner that is not the primary earner in the household, we are here to help you. We have fought for the rights of thousands of clients and had successful cases that give our clients the financial support they need.
Our family law firm works with clients throughout Chicago and several surrounding counties including:
Cook County
DuPage County
Kankakee County
Lake County
McHenry County
Will County
Our Illinois divorce and family law attorneys can assist you if you're considering divorce and need help with spousal support (formerly alimony). Spousal support can be a complex issue, but our team is here to help you through every step of the process. Hiring the right attorneys to gain your spousal maintenance is the first step in the process of gaining spousal maintenance.
When considering divorce and asserting your rights, it is important to gain the proper legal representation as soon as possible Issues of hidden income and assets are often something that spouses worry about in court cases. Without appropriate legal counsel, you may not have the ability to gain what you are financially entitled to. Calculations on spousal maintenance are based upon the income you receive and the income of your spouse. Other considerations also include the assets that are available and the circumstances in which there is an income disparity.
Chicago Family Attorneys, LLC is a top law firm focused on dissolution of marriage and spousal maintenance in Illinois. Whether you are a spouse who has had to take time off of work to raise your children, or a partner that is not the primary earner in the household, we are here to help you. We have fought for the rights of thousands of clients and had successful cases that give our clients the financial support they need.
Our family law firm works with clients throughout Chicago and several surrounding counties including:
Our office handles many different issues involving spousal maintenance payments
Whether you are a spouse that cannot afford to pay the other spouse from your prior marriage or you are seeking support in your divorce matter, our attorneys can assist you in your case.
Our attorneys are well versed in financial matters that involve divorce and work hard for any reviewable maintenance matter to be heard clearly in a contentious divorce.
The I.M.D.M.A sets out the specific factors courts in Illinois consider when awarding spousal support. These factors include the age and health of each party, the duration of the marriage, and the contributions by one party to the education, training, or increased earning power of the other party.
What qualifies you for spousal maintenance in Illinois?
For the court to order maintenance and award spousal support, the court must first find that there is a need. The need must be substantial enough for the court to justify the spousal maintenance award. Spousal support is determined based on a number of factors, including the income of each spouse, the length of the marriage, and the standard of living during the marriage.
For this to occur, the court must review the factors listed under the I.M.D.M.A. The courts consider when awarding spousal support is appropriate, the spouse's income and property, the party's needs, and the marriage's length. Spousal support awards may be temporary or permanent, depending on the circumstances.
Starting The Financial Review Process in Illinois Divorce and Spousal Maintenance Cases
750 ILCS 5/504(a)(1) explicitly states that both spouses' financial picture must be evaluated to determine whether maintenance is appropriate.
Usually, the process of determining maintenance starts with a Financial Affidavit that is filled out by the parties and their attorneys and submitted to the court within the timeframes specified by the court.
Financial Affidavits are required when individuals are involved in a case requesting temporary support, interim attorney fees, or a request to pay child support. If the court orders a Financial Affidavit to be completed or local court rules require a financial affidavit, the parties in the case must comply.
Factors Considered in Illinois Spousal Support Cases
Spousal support is based on several financial and non-financial factors, including the income of the party requesting maintenance, the spouse's income, debts, length of the marriage, vocational skills, appropriate education, appropriate employment, and marital assets.
Spousal support aims to help the spouse who earns less money maintain their standard of living after divorce. Ultimately, several options may be explored so the receiving spouse may become self-supporting. The age, skillset, education, length of the marriage while being a homemaker and prior work experience are considered when determining whether an individual may become a self-supporting former spouse.
Spousal support may be temporary or permanent, depending on the circumstances of the divorce and the overall circumstances surrounding the prior relationship.
Section 504 of the Illinois Marriage and Dissolution of Marriage Act (I.M.D.M.A.) sets out the factors courts consider when awarding spousal support.
The statute lists many factors that are in consideration of spousal support:
(1) each party's income and property, including marital property apportioned and non-marital property assigned, as well as all financial obligations from the dissolution of marriage;
(2) each party's needs;
(3) each party's realistic present and future earning capacity, including any time spent on domestic duties or education, training, employment, or career opportunities forgone or delayed due to the marriage;
(4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities;
(5) the current and future ability of the person who is asking for maintenance to earn money;
(6) how long it will take for the person seeking maintenance to get an education or training and find a job;
(6.1) how parental responsibilities arrangements affect a party's ability to seek or maintain employment;
(7) what standard of living was established during the marriage; (8) how long the marriage lasted; and
(9) the age, health, occupation, income, skills, assets, and liabilities of each party;
(10) the sources of public and private income including disability and retirement income for both parties;
(11) tax consequences for each party in the matter;
(12) the parties' contributions to the marriage, including homemaker contributions and household duties that may have assisted the other spouse's education, career, or licensure;
(13) any binding and valid agreement that the parties may have entered into with each other
(14) any other factor the court deems to be expressly just and equitable.
If you are considering divorce and need assistance getting spousal support, our Illinois family law attorneys can help. We will work with you to understand your unique situation and help you pursue the best outcome possible. If you would like to book an appointment with an experienced family law and divorce attorney, call us at (312) 210-9614 or book an appointment online.
What is the difference between alimony and spousal support in Illinois?
Alimony is not called alimony in Illinois. It is called spousal maintenance or spousal support.
Can I receive alimony, or spousal maintenance, during a divorce in Illinois?
Spousal Maintenance or alimony payments can be received during and after a divorce in Illinois. A spouse unable to support themselves during a divorce may request temporary maintenance and child support if applicable.
The issue of child support is very different from the issues surrounding spousal maintenance payments. Maintenance payments are decided when an Illinois judge reviews the relevant factors, and the court determines that based upon
For an award of temporary spousal support or permanent maintenance, it is always advisable to hire experienced attorneys who know the divorce process and how financial support is decided in divorces.
Financial Calculations in Illinois Divorces Involving Maintenance Require Skilled Attention From The Right Family Lawyers
How are spousal support payments calculated according to Illinois law?
The court may grant maintenance for either spouse in amounts and for periods as the court determines is just so long as marital misconduct is not considered. Ultimately, an order for spousal maintenance may be granted and paid not only from a spouse's income, but also property involved in the marriage.
Typically, when a court finds that awarding maintenance is appropriate, the court will look to guideline maintenance.
Guideline maintenance is calculated based on a number of factors, including each spouse's income and the marriage's length. The court may also consider other factors, such as the age and health of each spouse.
Since 2016, maintenance has remained tax deductible for the payor and taxable for the payee. The guidelines in effect during this period required courts to calculate maintenance by taking 33 1/3 percent of the payor's gross annual income, less 25 percent of all sources of income from the payee's annual gross income. There was an additional requirement that the calculated maintenance amount and the payee's gross income could not exceed 40 percent of the parties' combined gross annual income. Maintenance payments made before judgment are excluded from these calculations.
As of January 1, 2019, maintenance (previously called alimony) is no longer deductible by the payor or taxable to the payee, pursuant to the revisions of the Internal Revenue Code. The Illinois Marriage and Dissolution of Marriage Act sections 504(a)(1) and (b) were also amended, effective January 1, 2019.
Maintenance from January 1, 2019, forward shall be calculated based on the parties' combined net income by taking 30 percent of the payor’s net income less 20 percent of the payee’s net income, as stated in section 504(b)(1) of the I.M.D.M.A. As before these amendments to the statute and Code, maintenance payments made before judgment are excluded from this calculation (see section 504(a)(1) I.M.D.M.A.). The amount of maintenance must be calculated before calculating child support to include an accurate amount of the parties' combined gross income.
The courts are permitted to award non-guideline maintenance and child support if the calculated amount of maintenance exceeds 50 percent of the payor’s net income in order to avoid excessive financial burden to the payor.
The maintenance calculation shall be based on the combined gross annual income of both parties and the guidelines set forth by the court. The court shall consider the custodial parent's need to maintain the same standard of living as prior to divorce, and the payor’s ability to meet those needs.
The guidelines shall be applied to temporary maintenance during the proceedings before final judgment. Modifications of deductible/taxable maintenance awards entered prior to January 1, 2019, shall retain the same tax treatment. In cases where the payor is ordered to pay maintenance, but it would cause extreme financial hardship, the court may modify the order.
If you are considering divorce and need assistance getting spousal support, our Illinois family law attorneys can help. We will work with you to understand your unique situation and help you pursue the best outcome possible. If you would like to book an appointment with an experienced family law and divorce attorney, call us at (312) 210-9614 or book an appointment online.
Determining The Duration of Spousal Maintenance
When determining how long a spouse must pay the opposing party, the court will look at the length of the marriage. As of 2019, the court received specific guidance allowing for a direct calculation of time
I.M.D.M.A §504(b-1)(1)(B) states the following: The duration of an award under this paragraph (1) shall be calculated by multiplying the length of the marriage at the time the action was commenced by whichever of the following factors applies:
less than 5 years (multiply by .20);
5 years or more but less than 6 years (multiply by .24 to calculate the duration of time);
6 years or more but less than 7 years (multiply by .28);
7 years or more but less than 8 years (multiply by .32);
8 years or more but less than 9 years (multiply by .36);
9 years or more but less than 10 years (multiply by .40);
10 years or more but less than 11 years (multiply by .44);
11 years or more but less than 12 years (multiply by .48);
12 years or more but less than 13 years (multiply by .52);
13 years or more but less than 14 years (multiply by .56);
14 years or more but less than 15 years (multiply by .60);
15 years or more but less than 16 years (multiply by .64);
16 years or more but less than 17 years (multiply by .68);
17 years or more but less than 18 years (multiply by .72);
18 years or more but less than 19 years (multiply by .76);
19 years or more but less than 20 years (multiply by .80)
A good example is a marriage that has lasted a total of 14 years and 4 months. When calculating the duration of time a paying spouse must pay the non-paying spouse, they would take 14 years which is 168 months and add four months. The total number of months would be 172 months. The non-paying spouse would then take 172 months and multiply that number by .60.
Example: 14 years X 12 months= 172 months
172 months multiplied by .60 equals 103.2 months of maintenance that must be paid.
For marriages that have lasted 20 years or more, the court has the discretion to order maintenance for a period equal to the length of the marriage as a fixed term or an indefinite term.
Enforce your spousal maintenance award under Illinois law
How can I enforce a prior maintenance order?
Once the court grants a judgment for temporary spousal support or long-term spousal support, the other spouse that owes the funds must abide by the court order until the termination date of the fixed term or so long as the court requires a spouse to pay support.
It is important to note that there is not always a specific fixed term maintenance award or termination date quite often indefinite maintenance is awarded to spouses that have been in if there is one. The only other option that a paying spouse has is to file a petition for modification when alimony payments or spousal maintenance payments are not made to the recipient spouse; the receiving spouse has the right to file a Petition for Rule to Show Cause and seek fees from the one spouse that has violated the court order or maintenance award.
A maintenance award is absolute unless there has been a change in circumstances and a party has the right to recalculate their spousal support payments based on those circumstances.
It is important to remember that a judgment must be granted first or vacated before a former spouse decides not to pay spousal maintenance. When the Illinois courts decide to award spousal maintenance, it is effectively the law, and there must be compliance. Even if there are pending proceedings, the paying spouse must always comply, or there is a significant risk that a petition for rule to show cause may occur.
When a petition for rule to show cause is allowed, the court may punish the party that has violated the court order. The court may punish or force compliance against a party by issuing sanctions and requiring the party to pay attorney's fees, or they may order someone to be held in contempt of court and ultimately jailed for some time.
What happens if one spouse remarries? Do they still owe spousal support?
This would be considered a potential change in circumstances that would allow the court to evaluate the needs of the spouses involved in the case and potentially an end to spousal maintenance would be allowed depending upon the circumstances.
What is imputed income?
Spousal maintenance, or alimony, is often granted in Illinois divorces to ensure that the lower-earning spouse can continue living at a similar standard after the divorce. In some cases, the lower-earning spouse may have difficulty finding work that pays enough to cover their expenses. In order to ensure that the lower-earning spouse can still afford to live comfortably, the court may impute income to them.
This means that the court will calculate what they believe the lower-earning spouse could earn if they could find a job, and then use that number when calculating spousal maintenance payments. This ensures that the paying spouse isn't unfairly burdened after the divorce.
If you need an experienced divorce attorney to fight for you, call Chicago Family Attorneys, L.L.C at (312) 971-2581 or book an appointment online.
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The statute lists many factors that are in consideration of spousal support:
