Alimony / Maintenance
X

Naperville

Oak Brook

Burr Ridge

Lake Forest

Alimony and Maintenance Attorneys in Naperville

DuPage County Spousal Support and Maintenance Lawyers

In Illinois, an equitable division of the marital estate means that the divorce is not an undue financial burden on either party. Even though the law changed significantly in January 2015, spousal maintenance is still a key component in this process. Broadly speaking, the amount and duration of payments is tied to the economic circumstances of the parties and the length of the marriage. Many judges also order temporary maintenance to assist people who require immediate financial assistance.

At Pesce Law Group, P.C., we routinely handle both simple and complex property division matters. We understand both the financial and emotional value of marital assets and maintenance payments, and we strive to ensure that the final decree reflects both these imperatives.

Factors to Consider

Under Section 504 of the Illinois Marriage and Dissolution of Marriage Act, a court considers both the payor spouse's ability to provide and the payee spouse's economic need. Specifically, the court may examine the following factors in an award of temporary or permanent maintenance:

  • Each party's income and property,
  • Financial needs of each party,
  • Present and future earning capacity, including any impairment and the time needed for the spouse to become self-supporting,
  • Duration of the marriage,
  • Standard of living during the marriage,
  • Any non-economic contributions, 
  • Age, physical health, and emotional health of each spouse,
  • Tax consequences, 
  • Agreements between the spouses, and
  • Any other factors the court considers relevant.

No maintenance award is automatic, and therefore, most judges order temporary maintenance as well as permanent maintenance on a case-by-case basis.

Amount and Duration

Temporary maintenance ends when the divorce is final. The amount is often linked to the recipient spouse's short-term needs. Many divorcing spouses may lack the resources to pay attorneys' fees, moving expenses, utility deposits, daycare enrollment fees, and other such costs.

For rehabilitative and permanent maintenance, the law provides a formula to use as a baseline amount and duration. The judge may depart from the statutory guidelines, either up or down, but there must be a specific finding, in the record, in support of such deviation. In most cases, the amount is 30 percent of the payor's gross income minus 20 percent of the payee's gross income (not to exceed 40% of the parties’ combined gross incomes when added to the payee’s gross income), and the duration is based on the length of the marriage.

Assume that a husband and wife are divorcing after being married for 15 years. Husband's gross income is $100,000 per year and wife's is $40,000 per year. Pursuant to 504(b), wife would receive $22,000 ($30,000 minus $8,000) per year for nine years.

If spousal support/maintenance is an issue in your divorce, contact Pesce Law Group, P.C. today at 630-352-2240 for a free consultation. We focus on family law in DuPage and surrounding counties.

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*

RECENT DIVORCE & FAMILY LAW NEWS

Business Valuation for Divorce Purposes
Business Valuation for Divorce Purposes
Asset division is by far the most complex part of divorce for many people, and this is only magnified if a family business is involved. In order to get an accurate estimation of a business’s value for purposes of the marital estate, professionals are often...
Continue Reading...
The Growing Issue of Elder Divorce
The Growing Issue of Elder Divorce
A trend that has become more apparent with each passing year in the last decade is the rising divorce rate for couples over the age of 55. The overall divorce rate in the United States has continued to drop over the last several years, after...
Continue Reading...
Understanding a Dissipation of Assets Claim
Understanding a Dissipation of Assets Claim
When you are in the middle of a divorce, property division can always become an issue regardless of how amicable the proceedings have been to that point. Both spouses in a marriage deserve their fair share of the marital assets - though “fair” does not...
Continue Reading...
AVVO COLLABORATIVE LAW INSTITUTE OF ILLINOIS SuperLawyers IACP DCBA Illinois State Bar Association Leading Lawyers Network