What to Know About Spousal Support and Maintenance in DuPage County 

 Posted on January 10, 2023 in Spousal Maintenance

Financial matters are often among the most contentious of all the issues that must be resolved during a divorce. Spousal maintenance is a crucial issue in the divorce process that can shape, for better or worse, the future financial lives of the divorcing parties. Spousal maintenance exists to protect someone who makes significantly less money than their spouse. It also exists so that the spouse who earns less can still have a similar standard of living that they enjoyed during their marriage while they become financially self-sufficient. 

Generally, the amount of money and the duration of time for which payments will be made depends heavily on the economic circumstances of the divorcing parties and the length of time they were married. Judges may also order temporary maintenance to help people who require immediate financial assistance. If you are getting a divorce, it is wise to consult with a knowledgeable spousal support and maintenance attorney who will aggressively represent you and your best interests throughout the property division process. 

Factors That Determine Spousal Maintenance 

According to the Illinois Marriage and Dissolution of Marriage Act, the court must consider the financiers' ability to provide and the recipients' economic needs. The court will also examine additional factors when deciding whether to grant provisional or perpetual maintenance, including the following:

• The income and expenses of each party

• The economic necessities of each party

• The present and future ability of each party to earn money

• The length of the marriage

• The living standard during the marriage

• The age and physical and mental health of each party

• The tax consequences of awarding maintenance 

Notably, no award of maintenance is automatic. Therefore, judges generally order temporary or permanent maintenance orders on a case-by-case basis.

The Amount of Maintenance and Duration

It is important to note that any temporary maintenance will end once the divorce has been finalized. The amount of temporary maintenance generally revolves around that spouse's short-term needs. Concerning permanent maintenance, the amount is typically 30 percent of the financier's gross income, subtracting 20 percent of the receiver's gross income, with a duration based on how long the couple was married.

Contact a Naperville Spousal Support and Maintenance Lawyer

Going through a divorce and figuring out the financial aspects of the divorce can make someone feel as if they need to tackle everything by themselves. Fortunately, the highly knowledgeable Naperville spousal support and maintenance attorneys at Pesce Law Group, P.C. are here to ensure you do not go about the process alone. Call 630-352-2240 today for a free consultation.

Source: https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59