Elmhurst Divorce Alimony Lawyers
Helping Those with Spousal Maintenance Issues in Chicago, DuPage County, and Lake County
Illinois law provides guidelines for spousal support and maintenance payments for couples who are divorcing and where one spouse earns substantially more than the other. There are many reasons why a spouse may seek maintenance (formerly known as alimony or spousal support) from his or her former partner. One spouse may have stayed home for child care reasons, or he or she may have been ill or disabled. The couple may have a small business where the company is held in one person's name, and/or one spouse may have been going to school or taking care of the home while the other spouse worked. The list is practically endless.
In the state of Illinois, a family court will seek to set a fair support or maintenance amount if the couple is unable to reach an agreement without the court's help. The court will first determine whether maintenance is even appropriate in the case at hand. To do so, the court will take into consideration the number of years the couple has been married, the state of each party's health, as well as each party's access to assets and independent income. The logic behind these laws is to prevent either party from experiencing unnecessary financial hardship because of the divorce and to continue to enjoy a similar standard of living during and following the divorce as during the marriage, if possible.
Calculating Spousal Support
If maintenance is found to be appropriate, the law also provides a formula for calculating the amount to be paid. This formula is based on each party's gross income and is expected to be used for couples with a combined annual gross income of less than $500,000. Depending on the situation, however, the court may deviate from the statutory formula as long the court justifies its decision. For couples who make more than $500,000 combined, the court may order a payment amount that is reasonable based on a full consideration of the couple's circumstances.
Enlisting the Assistance of an Experienced Divorce Attorney
The new amendments to Illinois' spousal support laws make it even more imperative to enlist the assistance of a highly experienced divorce attorney before you face the judge in family court. Even the most amicable divorce can turn sour quickly when discussing money.
At Weiss-Kunz & Oliver, LLC, we understand that you only want what is just. We will help you to stand up for the money you are entitled to after years of marriage. We will make sure the court understands the sacrifices you have made to support your family emotionally while your spouse was supporting the household financially. There is no reason that divorce should require you to take a severe economic blow.
The skilled Illinois divorce and family law attorneys at Weiss-Kunz & Oliver, LLC have the experience necessary to help you get the spousal support and maintenance you deserve. To learn more about how the new amendments to Illinois' spousal support law can affect you, contact our law firm to schedule a consultation.