Staunch Advocates for Clients in DuPage County, Wheaton & Will County, IL
Spousal support, also commonly referred to as alimony or “maintenance,” is a payment from one spouse to the other during or after a divorce that may or may not be awarded by the court. As parties to divorce, you and your spouse can make a written agreement on this issue detailing who will pay support, how much will be paid, and for how long and submit it to the court for approval. Absent this, if you believe you need this assistance, you will have to petition for it as part of the divorce process. The court has discretion in deciding whether spousal support is appropriate and, if so, how much and for how long the payment will be.
Spousal support can be a complicated issue in divorce. If you are seeking or contesting this issue, your best chance of a favorable outcome will be increased with experienced legal representation. At Kazmar Feely, we have been representing family law clients since 2004 and our team is backed by more than 50 years of shared experience in resolving Illinois family law matters. As an award-winning team, we have been recognized for our legal ability and effectiveness in representing individuals in these often complex and contentious issues.
Spousal support is governed by 750 ILCS 5/504 which outlines the factors that courts will review to determine if this assistance is appropriate and guidelines for its calculations that apply to couples with a combined income of up to $500,000 annually.
The purpose of alimony is to enable the spouse seeking maintenance to receive sufficient funds to meet his or her “reasonable needs.” These are determined based on the overall circumstances of the parties, including the standard of living established during the marriage, the duration of the marriage, the incomes and needs of each party, how child custody affects the issue, and many other factors as outlined in the statute.
Alimony in Illinois can be broken down into two basic types:
- Temporary. This type takes place while the divorce is pending to provide the less financially-advantaged spouse to meet his or her basic expenses.
- Long term. This support is provided for a spouse to go into effect after the divorce has been finalized.
Petitions to the court to receive these types of maintenance must be backed up with supporting evidence, such as bank account records, tax returns, and more. The evidence is reviewed by the court in a hearing to determine whether maintenance should be awarded.
Post-Divorce (Long-Term) Alimony
Post-divorce alimony may be awarded on a fixed term, on an indefinite basis, or a reviewable basis. Fixed-term alimony ends on the termination date imposed by the court. Indefinite alimony continues until it is either modified or ended based on a substantial change in the parties’ circumstances. Renewable alimony begins with a specific duration that can then be revisited for renewal, modification, or termination.
Guidelines for Alimony
Illinois law provides a formula for the calculation of alimony for those whose combined gross incomes do not exceed $500,000. However, if the paying party is required to pay child support or alimony from a previous relationship, it will impact this issue.
Judges are also allowed to depart from the guidelines if the factors related to the case justify such a departure. Judges must provide written explanations of these departures when doing so.
Why Choose Us for Your Alimony Case
Our lawyers understand the applicable factors and considerations impacting alimony. We can be trusted to craft necessary arguments regarding whether maintenance should be awarded, whether the presumptive amounts under Illinois guidelines are fair and appropriate, and whether a deviation is warranted. We have gained the respect of clients, peers, and judges due to our effectiveness and earned legal industry awards based on our case results.