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spousal support and alimony
Spousal Support

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 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

Spousal support 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, spousal support 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.

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.

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 spousal support 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 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.

Kimberly Anderson and Jessica Marshall

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.

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    Chicago Downtown Office

    20 N. Clark Street, Suite 3300 Chicago, IL 60602

    Northbrook, IL Office

    5 Revere Drive, Suite 200 Northbrook, IL 60062

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    Anderson Boback & Marshall

    Anderson Boback & Marshall is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation for divorce and other family law issues. With multiple offices in NorthBrook and Chicago Downtown, we make it easy for you to book an appointment in a location near you. Our family and divorce lawyers serve families in Cook County, Lake County, Will County, and DuPage County. Call Now 312-715-0870