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Wheaton Alimony Lawyer

Law Firm Assisting With Spousal Maintenance in DuPage County

Winfield Alimony Attorney

When a couple decides to end their marriage, both spouses should be able to maintain a comfortable standard of living following their divorce. However, there are many cases in which one spouse earns significantly less than the other, or when one spouse is a stay at home parent. In these cases, the spouse who earns less may be eligible for spousal maintenance (also known as alimony or spousal support).

At Anderson and Associates, P.C., our experienced divorce lawyers understand the laws governing spousal support, and we help our clients achieve fair results that will provide them with financial stability during and after their divorce.

Factors Affecting Maintenance

When determining whether one spouse is eligible for maintenance from the other spouse, courts will consider a number of factors, including:

  • Each spouse's income and assets
  • Each spouse's financial needs
  • The length of the marriage
  • The couple's standard of living during the marriage
  • Each spouse's age and state of health
  • The terms of any prenuptial or postnuptial agreements
  • Which spouse is the custodial parent of any minor children

A judge will take these factors into account along with any other considerations relevant to the parties' case, after which he will make a ruling on whether to grant spousal maintenance.

Calculating the Amount and Duration of Maintenance

If a judge rules that one spouse is eligible for maintenance, a statutory formula will be used to determine the amount of maintenance. In Illinois, this formula specifies that maintenance will be 30% of the paying spouse's gross income minus 20% of the receiving spouse's gross income, and the sum of the receiving spouse's income and the maintenance they receive cannot exceed 40% of the spouses' combined income.

For example, if one spouse earns $100,000 per year and the other spouse earns $50,000 per year, the amount of maintenance using this formula would be $30,000 (30% of $100,000) minus $10,000 (20% of $50,000), or $20,000. However, adding that $20,000 to the receiving spouse's income would result in a total of $70,000. 40% of the spouses' combined income ($150,000) is $60,000, so the receiving spouse would only receive $10,000 in maintenance per year.

The period of time during which maintenance will be paid depends on the length of the marriage. For marriages which lasted during different ranges of time, maintenance will last for a certain percentage of the length of the marriage. Those ranges and percentages are as follows:

  • 0-5 years: 20%
  • 5-10 years: 40%
  • 10-15 years: 60%
  • 15-20 years: 80%
  • More than 20 years: 100%, or the court may order permanent maintenance

For example, in a marriage which lasted 7 years, maintenance will last for 40% of that time, or 2.8 years, and in a marriage which lasted 12 years, maintenance will last for 60% of that time, or 7.2 years.

Contact a Glen Ellyn Spousal Support Attorney

At Anderson and Associates, P.C., our divorce attorneys have over 30 years of experience assisting clients in all kinds of divorce cases, and we can help you understand the law and reach a fair spousal maintenance settlement. Contact our Wheaton law firm at 630-653-9400 to schedule an initial consultation with one of our knowledgeable attorneys and learn how you can ensure your financial stability following your divorce.

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