Going through a divorce in Chicago, IL, is often a complex and emotional experience, and financial stability is a major concern for many divorcing couples. If you are seeking alimony, also known as spousal maintenance in Illinois, you need an experienced Chicago alimony lawyer by your side.
At KHK Family Law & Divorce Attorneys, we can help you navigate the legal process and secure the financial support you deserve. We have 70+ years of combined experience in divorce matters.
Let us help you seek spousal maintenance or modify an existing agreement. Contact us today at (312) 702-0068 to schedule a confidential consultation with one of our Chicago spousal maintenance lawyers.
How KHK Family Law & Divorce Attorneys Can Help With an Alimony Claim in Chicago, IL
At KHK Family Law & Divorce Attorneys, we understand that financial stability is a priority after a divorce. Our experienced legal team can advocate for your best interests, whether you are seeking maintenance, defending against excessive spousal support claims, or modifying an existing order. We have over seven decades of combined experience helping clients achieve their goals for spousal maintenance.
When you hire our Chicago divorce lawyers, you can expect us to:
- Determine if you are eligible for financial support under Illinois state law
- Prepare a petition and argue for support
- Work with experts to strengthen your case for alimony, and
- Argue your case before an Illinois family law judge.
Call us today to learn more about your rights to spousal maintenance. Let us help you achieve greater financial peace after your divorce.
What is Spousal Maintenance?
Spousal maintenance, commonly referred to as alimony, is financial support that one spouse pays to their ex-spouse after a divorce. These payments help the lower-earning spouse maintain a standard of living similar to what they had during the marriage.
Generally, both spouses do not generate the same income during a marriage. However, some spouses have similar incomes or earning abilities. Alimony is usually not available in these instances. Each individual will try to maintain their standard of living and support themselves without spousal support.
The process is different when spouses command different incomes or earning power. Illinois law recognizes that, in many cases, one spouse may have sacrificed career opportunities or financial independence for the benefit of the marriage. Spousal maintenance helps provide fair financial support to such an individual.
By awarding spousal maintenance, the spouse receiving payments won’t have to experience intense financial strain when they’re newly single. Studies have shown that alimony is awarded in about 10% of divorce cases, with arrangements heavily weighted toward women.
Types of Spousal Maintenance in Illinois
In Illinois, there are different types of spousal maintenance based on the circumstances of the marriage and the financial situation of each spouse. These can be broken down into temporary and long-term spousal support.
Temporary Maintenance
During divorce proceedings, one spouse may be required to provide financial support to the other on a temporary basis. This temporary maintenance helps the receiving spouse manage daily expenses until the divorce is finalized.
Fixed-Term Maintenance
This type of maintenance is awarded for a specific period, often in cases where the receiving spouse needs time to gain financial independence. It is commonly granted in short- to mid-length marriages.
Reviewable Maintenance
In some cases, courts award maintenance with an option for review. The support continues until a specified time, at which point the court reevaluates the financial circumstances of both parties to determine whether continued support is necessary.
Indefinite Maintenance
Permanent or indefinite maintenance is typically awarded in long-term marriages where one spouse is unlikely to achieve financial independence due to age, health, or other factors.
Lump-Sum Maintenance
In some cases, a court may order one spouse to make a single lump-sum payment as spousal support. This option is sometimes chosen to avoid ongoing financial ties between former spouses.
At KHK Law, we will work with you to determine the right type of spousal support for your needs. Then, we’ll put the full weight of our experience into getting you the arrangement you deserve.
How is Spousal Maintenance Calculated in Illinois?
Illinois courts follow statutory guidelines when awarding spousal maintenance, but several factors influence the decision, including:
- Length of the marriage
- Income and property of each spouse
- Age and health of both parties
- Earning capacity and employability of each spouse
- Standard of living during the marriage
- Contributions made to the marriage (financial and non-financial)
- Tax implications for both spouses
- Any agreements made between the spouses (such as prenuptial or postnuptial agreements)
In general, the longer the marriage and the greater the financial disparity between spouses, the higher the likelihood of spousal maintenance being awarded.
Specific Spousal Support Awards
If the combined gross annual income of both spouses is below $500,000, and the paying spouse does not have existing obligations for child support or spousal maintenance from a prior relationship, Illinois courts determine maintenance using a set formula.
Specifically, the amount is calculated as 33.3% of the paying spouse’s net annual income, reduced by 25% of the receiving spouse’s net annual income. However, the final maintenance awarded cannot exceed 40% of the total net income of both parties.
Once the maintenance amount is established, the duration of payments is based on a formula that considers the length of the marriage. For marriages lasting 20 years or longer, the court has the discretion to order payments for a period equal to the length of the marriage or even indefinitely.
Can a Judge Deviate From the Guidelines?
Illinois judges have the authority to deviate from the standard maintenance guidelines if the circumstances justify such a deviation. However, the judge must provide a written explanation detailing (1) the amount and duration of maintenance that would have been required under the standard guidelines and (2) the specific reasons for the deviation.
Illinois requires judges to issue written findings in all maintenance decisions. The court’s findings must outline the factors considered in determining maintenance and specify whether the support is for a fixed term, indefinite, or subject to review.
How Will I Pay or Receive Spousal Support?
Illinois requires most spousal maintenance payments to be made monthly. When an individual is paying maintenance and child support together, the payor must issue payments to the State Disbursement Unit rather than directly to the former spouse.
However, if the spouse is only responsible for spousal maintenance, the judge’s order will specify how and when payments should be made. Payments are commonly issued directly to the ex-spouse.
Can Spousal Maintenance Be Modified or Terminated?
Spousal maintenance agreements in Illinois can often be modified or terminated under certain conditions.
Common reasons for modification or termination include:
- A significant change in financial circumstances (e.g., job loss, promotion, or medical issues)
- Remarriage or cohabitation of the receiving spouse
- Expiration of the court-ordered maintenance term
- Retirement of the paying spouse
To modify a spousal maintenance order, you must file a petition with the court demonstrating that a substantial change in circumstances has occurred.
How Much Does a Chicago Alimony Lawyer Cost?
The cost of hiring a divorce lawyer will depend on the facts of your case and the region where you are seeking legal services. Most divorce lawyers charge flat or hourly rates for divorce matters and may or may not require a retainer deposit.
KHK Law prides itself on providing affordable and accessible legal representation. We work with clients to develop fair fee agreements that help them get the advocacy they deserve without breaking the bank. Contact us now to learn more about our fee arrangements.
Contact Our Chicago Alimony Lawyers Today
If you are facing an alimony dispute in Chicago, don’t navigate this complex legal process alone. KHK Family Law & Divorce Attorneys are here to provide the legal support you need.
Call us now or fill out our online contact form to schedule your consultation with a trusted Chicago alimony attorney. We have seven decades of combined experience handling divorce and alimony matters. We’re ready to put our experience and reputation behind your case.
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