1776 S. Naperville Road
Building B, Suite 202
Wheaton, IL 60189
630-462-9500630-462-9500
New client after hours number: 630-690-6077
Wheaton Alimony/Maintenance Lawyer
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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
0-5 Years 0.20
5-10 Years 0.40
10-15 Years 0.60
15-20 Years 0.80
>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.

  • DuPage County Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Rotary of Oak Brook
  • Martindale Hubbell
  • American Institute of Family Law Attorneys
  • American Institute of Family Law Attorneys
  • Top 40 Under 40
  • DCBA Law Firm of the Year
    DCBA Law Firm of the Year 2011, 2013
  • Office of the States Attorney 2006-2007
    Outstanding Service to the Office of the State's Attorney 2006-2007
  • Prosecutor 2012
    Outstanding Misdemeanor Prosecutor 2012
  • AVVO Clients Choice
    Clients' Choice
  • I would highly recommend Tony Sammarco to anyone needing a divorce lawyer. He explained all my options to me and he made sure I understood the process. I am glad I had him there to help me through this difficult time.

  • Thank you doesn’t seem enough for all that Bill Stogsdill and Brett Williamson have done not only for me, but my children as well. When I first met both of these gentlemen, each presented themselves with such self-confidence. I instantly knew...

  • The Stogsdill Law Firm and I were able to obtain sole custody of my son. I am fortunate for the outcome and I am to be a father to my son. Secondly, my ex-spouse was awarded limited portion of the marital estate. Bryan Estes is more than an excellent lawyer...

  • Whenever my opinion is asked by any of my clients, friends or family regarding what law firm someone should use for their divorce my answer is always the same –The Stogsdill Law Firm, P.C. The kids and I are forever indebted to Bill and his firm.

  • Bryan's ability to listen and understand my situation and then offer his advice on how we should proceed was the main reasons I hired Bryan as my attorney. That was the best decision I made, for myself and my children. Bryan helped develop action plans as well as a strategy ...

  • I wanted to thank you for your professional and respectful help with my case. Before entering your law firm, I felt as if my life might be at an end. After being greeted by your office manager, I was completely put at ease. Then after my consultation with you, I knew I was in good hands...

  • Mr. Smit has demonstrated a high degree of loyalty and trust worthiness to his work and to his associates. Justin certainly is an asset to your Law Firm, his organization skills are second to none. I have and will continue to recommend Justin ...

  • I recently made the life-altering decision of ending a 30 year marriage. While the support of family and friends was very important, I knew that choosing the right attorney was vital. In large part, my future would be determined by his legal advice and skills…

  • You've clearly established a client-focus in your office -- providing your clients with the warmth and understanding they need as they go through a very difficult time. Thank you, again, for all your help.

  • Taking that step to file for divorce was probably one of the most life changing decisions I have ever made. The process is very painful and emotionally draining. I retained Robert Boyd and Justin Smit of The Stogsdill Law Firm, P.C...