Chicago Spousal Support Lawyers
At Anderson Boback & Marshall our spousal support lawyers in Chicago fight for spouses to receive financial support during and after the divorce process. Spousal support (Alimony) is also referred to as spousal maintenance, alimony, or divorce maintenance. Worrying about financial stability during separation and after a divorce is final and can add a lot of stress to an already emotional situation. Determining maintenance amounts can become even more contentious and complicated during a high asset divorce. In Illinois, financial support is a critical component of any divorce, with both parties seeking a fair and equitable settlement.
When a couple proceeds with divorce, the family court will often order one spouse to make monthly support payments to the other spouse. Frequently referred to as alimony, these maintenance payments can be either short-term or long-term. Anderson Boback & Marshall will help you determine the appropriate support settlement that is fair and equitable, advocating for your rights and safeguarding your best interests.
Divorce Maintenance in Illinois
Alimony in Illinois is referred to as “maintenance”. Illinois divorce maintenance is determined by statutory guidelines. In these guidelines, Illinois lawmakers established a formula for calculating maintenance amounts. While the formula’s goal is to simplify the determination of spousal maintenance, it is only a guideline. There are always circumstances where the court will deviate from the guidelines.
In awarding maintenance, the judge will consider a number of factors including, but not limited to:
- The income and property of both parties
- Needs of each party
- The role each spouse played during the marriage
- The ongoing earning power of each spouse
- Whether children are involved
- Duration of the marriage
- Standard of living during the marriage
- Tax consequences of the property division
- Age, health, occupation, sources of income, etc. of each spouse
- Any valid agreements of the parties
Spousal maintenance may be temporarily ordered during separation and the divorce proceedings which would be subject to change after the divorce is final.
If the divorce involves children there is an additional consideration of child support and development of a child allocation plan which details the responsibilities of each parent. Financial support may be impacted by special considerations involving the children such as medical needs and educational requirements.
Spousal support, also known as alimony, is a common topic in divorce cases, and it often raises various questions. Here are some frequently asked questions about spousal support in the context of divorce in Chicago:
No, it is not automatic. It depends on the specific circumstances of the case. Factors such as the length of the marriage, each spouse’s financial situation, and their contributions during the marriage are considered.
The amount of spousal support is determined based on various factors, including the financial needs of the recipient spouse and the paying spouse’s ability to pay. The court considers factors such as income, earning capacity, health, and the standard of living during the marriage.
Alimony (Spousal Support): Depending on the length of the marriage and other factors, the court may award temporary, rehabilitative, or permanent spousal maintenance. For marriages lasting 20 years or more, the court can order indefinite maintenance.
Property Division: Illinois follows the principle of equitable distribution. This means that marital property, including assets like the family home, retirement accounts, and investments acquired during the marriage, is divided fairly but not necessarily equally.
Retirement Benefits: Retirement accounts and pensions accrued during the marriage are subject to division to ensure both spouses have financial security in their retirement years.
Health Insurance: A spouse may be entitled to continue receiving health insurance coverage under the other spouse’s plan through COBRA benefits, although this is typically a temporary arrangement.
Social Security Benefits: A spouse may be eligible to receive Social Security benefits based on their former spouse’s earnings record if the marriage lasted at least 10 years, and other conditions are met.
Child Support and Custody: If there are minor children, the court will determine child support and custody arrangements based on the best interests of the child. This includes who the child will live with, visitation rights, and financial responsibilities for child support.
In Chicago, spousal support can be temporary (pendente lite) or permanent. Temporary support is awarded during the divorce proceedings, while permanent support may be awarded in cases where the recipient spouse is unable to achieve self-sufficiency.
Yes, spousal support orders can be modified if there is a significant change in circumstances, such as a change in income or employment status of either spouse.
The duration of spousal support in Chicago depends on various factors, including the length of the marriage. In shorter marriages, spousal support may be awarded for a limited time, while in longer marriages, it may be more likely to be awarded for a more extended period or even permanently. In general, the duration of maintenance payments is based on the length of the marriage, using the following multipliers:
- Less than 5 years: 20% of the marriage length
- 5 years: 24%
- 6 years: 28%
- 7 years: 32%
- 8 years: 36%
- 9 years: 40%
- 10 years: 44%
- 11 years: 48%
- 12 years: 52%
- 13 years: 56%
- 14 years: 60%
- 15 years: 64%
- 16 years: 68%
- 17 years: 72%
- 18 years: 76%
- 19 years: 80%
- 20 years or more: The court may order maintenance for a period equal to the length of the marriage or for an indefinite term.
Example: For a marriage lasting 10 years, maintenance would be paid for 44% of 10 years, which equals 4.4 years.
Yes, spouses can agree to waive spousal support through a prenuptial or postnuptial agreement. However, the court will review such agreements to ensure they are fair and not the result of coercion.
Tax laws related to spousal support changed in 2019, and as of my knowledge cutoff in January 2022, spousal support is no longer deductible for the payer or taxable for the recipient. However, it’s essential to stay updated on tax laws, as they may change.
Failure to make spousal support payments can lead to legal consequences, including enforcement actions by the court. The recipient spouse may seek enforcement through the court, and the paying spouse could face penalties.
In Chicago, spousal support is typically not directly tied to marital misconduct, such as infidelity. Instead, it is based on financial need and the ability to pay.
While it’s possible to navigate spousal support matters without an attorney, it’s highly recommended to seek legal advice. An experienced family law attorney can help you understand your rights, negotiate effectively, and ensure that any spousal support agreements or orders are fair and enforceable.
It’s crucial to note that laws and regulations may change, so it’s advisable to consult with a legal professional for the most current and accurate information tailored to your specific situation.
Anderson Boback & Marshall Can Help with Establishing, Modifying, and Enforcing Support Orders
Establishing Spousal Maintenance
Working with an experienced Chicago alimony lawyer will help you in obtaining a favorable divorce settlement with the support amount that you deserve. We conduct a thorough interview and analysis of all financial information to ensure the correct amount of support is established.
Modifying Spousal Maintenance
If you are ordered to pay alimony support and encounter unforeseen circumstances that affect your ability to pay such as involuntary unemployment or disability, notify your chicago divorce attorney immediately to begin the process of modifying the support order. Until the court enters the modification, you are obligated to continue to pay.
As a recipient of spousal support, certain factors may affect the amount of spousal support you are ordered to receive such as a remarriage. Speak with your attorney for guidance on how significant life changes affect your spousal support.
Enforcing Spousal Support Orders
If your former spouse is ordered to pay divorce maintenance in Illinois, and is falling behind or not paying, we can help to enforce your spousal support order. This can happen if your ex-spouse is self-employed and responsible for making payments rather than through a wage garnishment. We help to enforce measures such as confiscation of a passport or driver’s license, and reimbursement of attorney fees. In extreme cases, the court may threaten jail time.
Hire a Spousal Support Lawyer in Chicago You Can Rely On
Our lawyers concentrate on family law and are recognized by colleagues and clients as skillful negotiators, with an in-depth understanding of divorce law in Illinois. While settling your case with negotiation and collaboration is ideal, our Chicago spousal support lawyers are prepared for tough litigation when the situation requires it.
Anderson Boback & Marshall have experienced spousal support attorneys in Illinois, fighting for your rights and protecting your interests. Contact us today to start planning your future and strategizing a plan for your successful divorce settlement which may include a court order for spousal support.
