Will County Spousal Maintenance Lawyer

Attorneys for Alimony and Spousal Support in DuPage County

When you get divorced, your ability to provide for yourself once you have separated from your spouse is likely one of your foremost concerns. In some cases, one spouse may not have the financial means to fully support themselves, and the other spouse may be required to provide them with financial support following the divorce. If you believe that you should receive this type of support, or if your spouse is asking for these types of payments, you will want to work with an experienced divorce lawyer to address these issues and ensure that you can maintain financial stability once your divorce is complete.

At the Law Office of Ronald L. Hendrix, P.C., we work closely with our clients to address divorce-related concerns, including determining eligibility for financial support. Our attorneys have over 35 years of combined legal experience, and we can help you understand the different types of legal and financial issues you will need to address as you separate from your spouse. With our help, you can reach a divorce settlement that will provide for your ongoing needs and allow you to be successful in the next phase of your life.

Spousal Maintenance in Illinois

Spousal maintenance in Illinois has been defined in the statute by the Illinois legislature. While this type of support is commonly known as alimony or spousal support, it is referred to as maintenance in Illinois. The purpose of spousal maintenance is to ensure that both parties are able to meet their living expenses following divorce similar to what they were accustomed to while they were married.

Spousal maintenance is not meant to punish or reward either spouse for anything that happened during their marriage, and "marital misconduct" shall not affect the decisions about whether to award support. Instead, the court will determine whether maintenance is appropriate, and the judge may weigh several factors in making this determination. The judge may look at whether one spouse's income-earning capacity has been impaired because they chose to focus on family responsibilities rather than pursuing a career, as well as any contributions that one spouse made to the other's education or career advancement. Practically speaking, maintenance is going to be paid in the vast majority of divorces due to the current statutory requirements.

If spousal maintenance is determined to be appropriate, Illinois law provides statutory guidelines for how the amount of support payments will be calculated. Under these guidelines, 25% of the recipient's net monthly income will be subtracted from 33.3% of the payor's net monthly income. The resulting amount will be the monthly amount of maintenance that will be paid. It is important to note that when maintenance is added to the recipient's net monthly income, the total cannot be higher than 40% of the couple's combined net monthly income. While spousal support payments are typically made on a monthly basis, other arrangements may be made if necessary, such as paying a lump sum at the time of divorce. It is possible for the parties to agree to a deviation away from what the statutory maintenance calculations require, but this needs to be clearly defined as a deviation, and this must be presented to the judge for approval and clearly give reason for why the deviation exists. Judges are not required to allow a deviation from the statutory requirements, even if both parties are agreeing to a deviation.

The amount of time that maintenance will be paid will depend on the length of the marriage. Illinois law specifies certain percentages that will be used for marriages of different lengths. This works on a graduated scale, setting maintenance duration based upon how long a couple was married, up to 20 years. For marriages of 20 years or more, spousal support will last the full length of the marriage, or it will be permanent.

Contact a Naperville Spousal Support Attorney

You deserve to be able to live comfortably following your divorce, and the end of your marriage should not put you in financial hardship. If you expect to receive or pay spousal maintenance, you will want to make sure all relevant factors are considered to ensure that the amount and duration of support are calculated correctly. Our attorneys can assist you in resolving these matters, and we will work to make sure you are prepared for your financial responsibilities once your divorce is finalized. Contact the Law Office of Ronald L. Hendrix, P.C. by calling 630-355-7776 or 815-722-7050 to arrange your free consultation. We provide legal help with divorce cases in Will, Kane, Kendall, and DuPage Counties, including Bolingbrook, Naperville, and Plainfield.