Wheaton, IL Alimony Attorneys
Spousal Support Lawyers Serving Glen Ellyn, Carol Stream, and Lombard
Alimony, also known as maintenance in Illinois, is a support payment paid from one spouse to the other after a divorce. The intent of alimony is to prevent one spouse from encountering financial difficulty because of the divorce. Consequently, the lesser earning spouse receives a monthly payment from the greater earning spouse.
At The Stogsdill Law Firm, P.C., we have extensive experience working with clients on alimony matters. Our attorneys represent both husbands and wives and are skilled in advocating for our clients interests in court and in negotiations. If resolution cannot be accomplished outside of the courtroom, our attorneys will provide aggressive representation in front of a judge.
Spousal Maintenance in DuPage County
Historically, alimony was primarily paid by husbands to wives because women were typically the lower wage earner, and many wives chose to forgo career advancement or education in favor of taking care of their family. As these familial norms have changed, so too has the implementation of alimony. These days, spousal maintenance is not a given for either spouse, and when it is awarded, it is often done so on a temporary basis. When the receiving spouse is capable of financial independence, alimony payments are often terminated.
In Illinois, determinations related to spousal maintenance entitlement are made based on a number of factors, including:
- Income of each spouse;
- Financial needs of each spouse;
- Current and future earning potential of each spouse;
- If a spouse’s earning potential was diminished because he or she took time off to care for the family;
- How long it would take to increase earning potential through education or training;
- Contributions one spouse made to the other spouse’s career;
- The standard of living enjoyed during the marriage;
- The length of the marriage;
- Allocated parenting responsibilities regarding the children;
- The age and health of each spouse;
- Any valid pre- or post-nuptial agreement; and
- Possible tax consequences.
Calculations for the amount of alimony are made based on a statutory formula when the gross combined income of both spouses is less than $250,000. The formula is as follows: 30% of the payor's gross income minus 20% of the payee's gross income. The result cannot be more than 40% of the payor and payee's combined gross income when added to the payee's gross income. If it is, the alimony will be reduced to make it 40%.
The duration of the alimony is derived by multiplying the length of the marriage by a factor according to the following table:
|Years of Marriage||Multiplication Factor|
|>20 Years||Permanent alimony or alimony equal to length of marriage|
If the financial circumstances of either spouse change significantly, a modification can be requested in court. Alimony is also terminated if the supported spouse remarries or lives with an intimate partner.
If you are getting a divorce that will involve alimony or the request for alimony, contact us at 630-462-9500630-462-9500 to schedule a consultation with one of our experienced divorce attorneys. We will answer your questions and provide our experienced opinion on what type of alimony award can be expected in your case. We are located in Wheaton, IL and we work with clients throughout DuPage County and Northern Illinois.