Spousal Support and Maintenance
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, 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 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
Divorce maintenance in Illinois 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.
Anderson & Boback Can Help with Establishing, Modifying, and Enforcing Support Orders
Establishing Spousal Maintenance
Working with an experienced divorce attorney 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.
Get Legal Counsel 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, we are prepared for tough litigation when the situation requires it.