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Schaumburg Alimony Lawyer

Inverness alimony attorney

Lawyer for Alimony and Spousal Support in Schaumburg

As you head down the difficult road of divorce, you will have to sort through a lot of confusing and stressful legal and financial concerns. Spousal maintenance (or alimony) is just one example of an issue that can really shake up your finances post-divorce.

If your ex-spouse is asking for spousal support, or if you expect to receive spousal maintenance, it is vital that you work with a knowledgeable attorney. This will help ensure that support obligations will be accurately determined. The family law attorneys at A. Traub & Associates can provide excellent representation and advocacy throughout the divorce process--ultimately helping you achieve an outcome that will provide for your ongoing needs.

Eligibility for Spousal Maintenance

After getting divorced, both spouses should have the resources that are necessary to maintain their lifestyles. In some cases, spousal maintenance may be appropriate if one spouse worked while the other stayed home to care for children or perform other family responsibilities. If one party's income and earning potential is significantly lower than the other's, spousal support payments can help them meet their needs.

A couple might be able to come to a mutual understanding about whether spousal support will be paid, and they may use mediation to resolve disputes in this or other areas. However, in cases where agreements cannot be reached, the ruling on whether maintenance will be granted may be left up to the judge presiding over the divorce case. Illinois law lists various factors that the judge should take into account when making this decision, including:

  • Both spouses' incomes and earning potentials. If one spouse's income is considerably more than what the other spouse earns, they may be ordered to pay maintenance.
  • Decisions about the division of marital assets, as well as other related financial issues. The judge may take into account each spouse's financial obligations and needs. The value of non-marital property owned by each spouse may also be considered.
  • Whether a spouse may have limited their ability to earn money by staying home to handle domestic duties while married or choosing not to pursue educational or employment opportunities. If a spouse has not worked outside the home for a significant amount of time, the court may look at how much time or training will be needed for them to be able to find employment and support themselves.
  • How decisions about child custody will affect a parent's ability to make money or find and keep a job. A person who stayed home while married to take care of their children may be eligible for maintenance payments that would allow them to continue caring for their young ones after the divorce has been finalized.
  • Contributions by a spouse to their former partner's education or career. For example, if marital funds were used to pay for the other spouse's college tuition, or if a person handled most household responsibilities so that their spouse could dedicate themselves to work or education, the judge may determine that they should receive spousal support.
  • Any agreements that a couple made regarding spousal support, such as a prenuptial agreement signed before they were married or a postnuptial agreement created during their marriage.

Calculation of Spousal Support Obligations in Illinois

The amount of maintenance that will be paid is determined using a formula defined by Illinois law. The amount paid is calculated as 33 1/3% of the payor's net annual income minus 25% of the recipient's net annual income. Also, the total amount the recipient will receive each year (the amount of maintenance payments added to their net annual income) cannot be greater than 40% of the total net income of both spouses.

Spousal support payments will usually last for a set amount of time, which is usually a percentage of the duration of the couple's marriage. For example, in marriages that lasted under five years, a person may receive spousal support for 20% of the total number of years they were married, and for marriages of between seven and eight years, spousal support may be paid for 32% of the duration of the marriage. If a marriage lasted longer than 20 years, spousal maintenance will either last for the full length of the marriage or will have no definite end date.

Contact a Schaumburg Spousal Support Attorney

If you expect to address spousal support/alimony during your divorce, it is critical to discuss these matters with the help of a divorce lawyer. The attorneys of A. Traub & Associates will help you make sure this issue and other important aspects of your divorce are addressed properly. We will provide outstanding representation and ensure you will have the financial resources you need after your divorce proceedings conclude. Please reach out today for a private consultation by calling 630-426-0196 or filling out an online contact form.

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