When you go through a divorce or legal separation, or even during your pending case, you may wonder about support. A spouse who is financially disadvantaged may be entitled to receive spousal support from their former partner. In Illinois, this support is commonly referred to as spousal maintenance or alimony. This support provides ongoing financial assistance.
For the receiving party, spousal maintenance can be crucial for maintaining a certain standard of living. For the paying spouse, it can challenge both short-term and long-term financial planning.
When spousal maintenance is negotiated or litigated in Illinois, the stakes are high for both parties. Attempting to navigate these legal complexities alone can be risky. You need experienced Chicago spousal support lawyers on your side to ensure that your interests are protected.
At KHK Family Law & Divorce Attorneys, we bring the expertise and dedication necessary to guide you through the spousal maintenance process. We have more than seven decades of combined legal experience guiding families through the complexities of divorce and spousal support. Our goal is to help you secure the best possible outcome for your case. Contact us to get a consultation with one of our experienced attorneys at at 312-702-0068. Your consultation is confidential.
How KHK Family Law & Divorce Attorneys Can Help in a Spousal Support Case in Chicago
Under Illinois law, spousal maintenance is not awarded in every divorce. Instead, it is typically granted in cases where there is a significant income disparity or where one spouse’s earning potential is far below the other’s.
The Illinois Marriage and Dissolution of Marriage Act governs the laws surrounding spousal support. There are four main types of spousal support that can be awarded:
- Temporary Maintenance: This form of support is granted while the divorce is pending and is designed to help the financially disadvantaged spouse meet their living expenses during the legal proceedings. To receive temporary maintenance, a spouse must file a petition with the court.
- Reviewable Maintenance: In some cases, one spouse may be entitled to support while they pursue further education or job training to achieve financial independence. The court reviews this type of maintenance at a set time to determine if it should continue, be modified, or end.
- Fixed-Term Maintenance: Awarded for a set period, this type of maintenance is typically linked to the duration of the marriage. Illinois law provides statutory guidelines based on the length of the marriage, though judges have the discretion to deviate from these guidelines when appropriate.
- Indefinite Maintenance: In marriages lasting over 20 years, the court may order indefinite or permanent spousal support. However, this type of maintenance is relatively rare and usually reserved for cases involving long-term marriages.
Contact our office for help determining the type of spousal maintenance that may be applicable to your situation. Visit with one of our compassionate Chicago family law attorneys to find out more. Let us help you and your family through this difficult time.
How Much Spousal Support Will I Be Entitled to Receive?
Illinois law states that spousal support is calculated based on a formula. This formula is set forth in the statute. Our Chicago spousal support attorneys can walk you through the application of the formula to your situation.
For marriages where the combined gross income of both spouses is under $500,000, the court applies a formula that takes 33% of the paying spouse’s income minus 25% of the recipient’s income. The formula caps the total amount awarded to the receiving spouse at less than 40% of the couple’s combined income.
For instance, if the paying spouse makes $100,000 per year and the receiving spouse makes $60,000 per year, the paying spouse would be required to provide $18,000 in spousal support ($33,000 less $15,000 equals $18,000). The statutory formula would be proper because this total amount is less than 40% of the couple’s combined income.
Calculating spousal support may be confusing and intimidating to the average person. At KHK Family Law & Divorce Attorneys, we have helped hundreds of couples determine the appropriate spousal maintenance amount to resolve their marriage dissolution efficiently. Let our Chicago spousal support attorneys do the math so you can focus on regaining your life and your independence.
How is Spousal Support Calculated in Illinois?
The amount of spousal support varies depending on factors such as each spouse’s income, the length of the marriage, and other relevant considerations. While Illinois law provides general guidelines, each case must be evaluated individually. Because each marriage and divorce is highly fact-specific, it is essential to work with a skilled spousal support attorney.
By consulting with a Chicago spousal support lawyer, you can ensure that the spousal maintenance award is fair and reasonable for both parties. Ending your marriage can be a difficult decision with many complex considerations. You don’t have to navigate the legal system by yourself when you are in such a vulnerable emotional state. Call KHK Family Law & Divorce Attorneys today for a free case review. We have the resources to get you through this tough time.
How Long is Spousal Support Paid?
The duration of spousal maintenance depends on the length of your marriage. If you have been married for less than five years, any court-ordered spousal support may last only for 20% of your marriage duration. This equates to one year or less, depending on the length of the marriage.
The longer your marriage lasts, the more your spousal support obligations might increase. For marriages lasting between 10 to 15 years, the obligation will run for 44% of the marriage length. For marriages lasting between 15 to 20 years, the obligation will run for 60% of the marriage length. Finally, for marriages that last 20 years or longer, the support obligation can run for a time period equal to the length of the marriage. In some cases, the support obligation can be ordered indefinitely.
You should speak with an experienced spousal support attorney to properly evaluate the duration of spousal support in your case. At KHK Family Law & Divorce Attorneys, we have extensive knowledge of Illinois law. We know how to determine the appropriate length of a spousal support obligation, and we will make sure it applies properly to your case.
Will I Need to Continue Paying Alimony if My Ex Gets Re-Married?
When your ex-spouse remarries, you might wonder whether you are still required to pay spousal support. In Illinois, spousal support automatically ends if the recipient remarries. This is true unless the parties agree to continue the support obligation in the divorce settlement agreement.
It is also important to keep in mind that you may be able to discontinue spousal support if your ex-spouse enters into a marriage-like relationship. Sometimes, an ex-spouse may avoid becoming formally married as a way to continue the spousal support obligation. If you work with our experienced Chicago spousal support attorneys, we can petition the court to modify or terminate your alimony payments.
Don’t let your ex-spouse take advantage of you. Make sure your legal rights and interests are protected in the midst of your divorce. Get in touch with KHK Family Law & Divorce Attorneys to make sure you have proper protection in a divorce or dissolution proceeding.
We Are Here to Answer Your Questions
Illinois spousal maintenance law provides the framework for determining support. However, every case has unique facts. Statutory guidelines can only get you so far. When you work with an experienced spousal support attorney, you will have the benefit of superior legal training and knowledge.
At KHK Family Law & Divorce Attorneys, we have a deep understanding of both the financial and emotional challenges involved in spousal maintenance cases. This is particularly relevant in high-net-worth divorces. We can help with a variety of family law matters, including:
- Child custody issues
- Child support issues
- Domestic violence issues
- Military divorces
- Modification of divorce decrees and orders
- Relocation issues
- Property distribution matters
- Parenting issues
We don’t rely solely on statutory guidelines. We have a proven track record of utilizing alternative dispute resolution for our clients. We can use mediation and negotiation to reach a tailored solution that works for both parties. When you want to reach a fair and reasonable divorce settlement, you can trust our knowledge and experience.
Evaluating All Relevant Factors in Your Case
Courts in Illinois consider various factors when awarding spousal support, including:
- The duration of the marriage
- Each spouse’s income, assets, and financial status
- The standard of living established during the marriage
- Contributions made by each spouse to the other spouse’s education or career
- The time needed for the requesting spouse to become financially self-sufficient
- Childcare responsibilities and their impact on earning potential
- The emotional and physical conditions of each spouse
- Any other case-specific considerations
Given the importance of these factors, having a skilled and dedicated attorney on your side is critical. Our Chicago spousal support lawyers are committed to ensuring that every factor is carefully weighed to secure a fair and equitable outcome.
Contact Our Chicago Spousal Support Lawyers Today
Spousal support is a complex legal issue with long-term consequences. Whether you are seeking alimony or being asked to pay it, our attorneys have the skills to protect your rights.
At KHK Family Law & Divorce Attorneys, we will advocate for your best interests. We are here to provide you with the legal support you need. Call us today for a free case consultation to get the process started.
Visit Our Divorce & Family Law Office in Chicago, IL
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St Ste 400, Chicago, IL 60602, United States
(312) 702-0068