Belleville Alimony (Spousal Maintenance) Attorney
Alimony, as it’s more formally termed in Illinois, spousal maintenance, is one of the key aspects to be considered in divorce. If you’re unaware of how Illinois law views spousal support, or you may be worried about how much you are going to pay or receive, then we are here to assist you in that regard. Whether you seek maintenance or you are on the other side of it, knowing how Illinois courts address this issue can enable you to prepare for the future.
Spousal maintenance in divorce cases is designed to continue supporting one of the spouses after the divorce so that both parties can continue their lives with a reasonable standard of living. Specific guidelines are enumerated in Illinois law, but a court may deviate from this guideline based on factors present in your case. Let’s discuss how we can help you through this process.
What Is Alimony (Spousal Maintenance) In Illinois?
Spousal maintenance refers to payments that one spouse pays to the other, which are consequent to the dissolution of the marriage. The purpose of such payments is to provide maintenance in those instances where a spouse requires the same while transitioning into independent living. Illinois does have statutory law regarding how spousal maintenance is calculated; however, it is not always as cut and dried as simply applying the formula to determine an appropriate award. Each case varies, and the courts make their decisions to pay maintenance and how long based on various variables.
Section 504 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/504, has it that in determining whether the maintenance to be awarded is appropriate, the court shall consider:
- The income and property of each spouse.
- The length of the marriage.
- Each spouse’s needs.
- The present and future earning potential of each spouse.
- Any impairment to a spouse’s earning capacity due to responsibilities during the marriage (such as homemaking or raising children).
Our goal is to make sure that any alimony settlement is fair and serves your best interest, whether you are seeking or contesting maintenance.
Modifying Or Eliminating Spousal Support In Illinois
Spousal maintenance is not absolute in nature. Under particular circumstances, Illinois law provides the court with discretion to modify or terminate alimony: these are circumstances that involve major financial changes for either party, such as a change in income or remarriage. Modification of the maintenance may be made. If you have a need to try and modify or terminate an existing spousal maintenance agreement, we can help you with filing the proper petition with the court.
Alimony may also be stopped when the spouse receiving it remarries or lives with another partner. In Illinois, cohabitation is automatically a reason for terminating maintenance, as it proves there is shared income in a household. We can assist you in determining whether your current agreement needs modification, given your particular situation.
Related Family Law Matters In Illinois
Divorce typically involves more than just spousal support. Most clients have interrelated legal matters that may impact their family and overall financial well-being. The following are just a few of the areas that may interface with support cases:
Child Custody
Alimony and child custody often come up in the same divorce action. Illinois courts grant custody based on what is in the best interests of the child. If you are facing both custody and spousal maintenance, we will ensure that your case is presented effectively so that you can achieve a fair result for yourself and your children.
Child Support
Child support and spousal maintenance are two separate legal requirements. In Illinois, child support is determined by the percentage of money received by both parents, pursuant to an income shares model employed by the state. Our attorneys view spousal maintenance and child support as two separate concerns, ensuring that both are adequately addressed regarding your case.
Property Division
How the marital property is divided may directly impact spousal maintenance. Illinois is an equitable division state, and that does not necessarily mean the property has to be divided precisely equally, but it does need to be fair. The courts can consider property division when determining alimony, especially if a spouse receives the lion’s share of marital assets. We will try to make sure that the property division, much like the spousal maintenance, is fair and meets your needs.
Temporary Spousal Support
Sometimes, temporary spousal support can be granted pending divorce. This is temporary support meant to continue his or her standard of living until the proceedings are over. Whether you wish to receive temporary spousal support or if you are apprehensive about having to pay it, we can help with the process and negotiate a reasonable agreement for you.
Frequently Asked Questions About Alimony In Illinois
How Is The Amount Of Spousal Support Calculated In Illinois?
Under Illinois law, the amount of spousal maintenance would normally be calculated by applying the formula contained in 750 ILCS 5/504 below. The court may deviate from this presumptive amount by considering various factors relevant to this case, such as the duration of the marriage, the income of each spouse, and the standard of living established during the marriage.
How Long Does Spousal Maintenance Last In Illinois?
The length of time for alimony is often associated with the length of the marriage. Those marriages shorter than five years may have brief maintenance. Marriages that were 20 years or more may award indefinite maintenance. There are, of course, fine tunings of this based on the exact time and the statutory guidelines.
How Does Alimony Differ From Child Support?
Alimony is to support a former spouse, whereas child support is for the needs of the children. Illinois awards child support based upon the income of both parents, whereas alimony is determined upon factors that come within the marriage and each spouse’s financial condition.
Call Our Belleville Alimony Attorney For A Free Consultation
If you have an issue with alimony – whether trying to receive support or objecting to such a request, we are here to help. Our legal team works directly with our clients to understand how Illinois law impacts their individual case and then fight for the fairest, most reasonable decision. Whether your family law matter is one involving divorce, a modification, or other issue, we offer a free 15-minute telephone consultation to discuss your case.
Call our Belleview alimony attorney today at 618-432-1866 or fill out the form on this page to schedule your Free Consultation. Let’s work together to try to resolve your spousal maintenance issue.
