Alimony attorneys specialize in alimony or spousal maintenance issues that involve some of the most painful considerations many people face in their lives. Life decisions and the welfare of children can hinge on how much money one spouse is paying or receiving. We make it our job at Keller Legal Services, to offer clients superior legal services in pursuit of fair and accurate alimony determinations.
Our experienced legal team provides insightful and well-considered legal advice concerning spousal maintenance legal matters. Our advice takes into account the circumstances that the court will consider when determining alimony, including:
Our spousal support lawyers always offer this guidance with an eye to the drafting of any qualified domestic relations order (QDRO) that might divide retirement funds between spouses. These agreements regularly present difficult problems for even the most experienced practitioners. Instead of risking your own retirement, let our firm act on your behalf to protect your rights when determining alimony and spousal maintenance issues.
Alimony, often referred to as spousal support or maintenance, is a form of financial assistance that one spouse provides to the other after the dissolution of their marriage through divorce. The primary purpose of alimony is to ensure that the lower-earning spouse can maintain a standard of living that is somewhat comparable to what they enjoyed during the marriage. This support acknowledges that marriage may involve a financial interdependence and aims to provide a smoother transition into financial independence post-divorce.
In Illinois, the calculation of alimony is guided by a standardized formula to promote fairness. This formula is structured as follows: it takes 33% of the payer spouse’s net income and subtracts 25% of the recipient spouse’s net income. Furthermore, to prevent any unfair advantage, Illinois law stipulates that the total amount of alimony awarded should not result in the recipient spouse earning more than 40% of the couple’s combined net income. This calculation ensures that the financial support aligns reasonably with both parties’ earnings while safeguarding the interests of the spouse receiving support.
Several critical factors are taken into account by the court when determining the appropriate amount of alimony.
These include:
Longer marriages may result in more substantial support due to the greater degree of financial interdependence.
The court examines the income, assets, and liabilities of both spouses to gauge their financial situations.
Specific needs, such as health considerations or caring for children, are also evaluated.
The lifestyle enjoyed during the marriage can influence the level of support deemed appropriate.
This includes both financial contributions and non-financial contributions, such as homemaking or child-rearing, which may have impacted one spouse’s earning potential.
Illinois recognizes several forms of alimony, each serving distinct purposes.
This type of alimony is provided during the divorce proceedings to help maintain the financial status quo for both parties.
Awarded for a predetermined period, this form allows the recipient spouse time to transition toward financial independence while providing consistent support.
This type may be subject to periodic court reviews to evaluate the recipient’s efforts to achieve financial self-sufficiency.
Typically reserved for long-term marriages, this form of support is granted when the recipient spouse faces challenges in becoming self-sufficient due to factors such as age, disability, or long-term illness.
Yes, alimony can be modified under certain circumstances. Significant changes in the financial situations of either party, such as a substantial increase or decrease in income, a change in employment status, or other life alterations, can warrant a review and potential adjustment of the alimony payment.
Alimony obligations typically conclude under various circumstances, including:
The passing of the payer or recipient spouse automatically terminates the obligation.
If the recipient remarries, the spousal support might be terminated as they are deemed to enter a new financial partnership.
In certain cases, the court may determine that continuing support is no longer equitable and may terminate the alimony based on changes in circumstances.
No, alimony is not automatically awarded in every divorce case. The court assesses the specific factors and circumstances surrounding each case, including the financial needs and resources of both parties, to determine whether alimony is warranted.
Yes, spouses have the option to negotiate and arrive at an agreement regarding alimony terms independently, which can be formalized through a marital settlement agreement. Once agreed upon, this arrangement usually requires approval from the court to become enforceable, ensuring that both parties are protected by the legal framework.
If a spouse neglects to fulfill their alimony payment obligations, the recipient can pursue various enforcement actions. These actions may include:
A portion of the debtor’s wages may be withheld directly from their paycheck to satisfy the alimony obligation.
The government may intercept tax refunds to cover unpaid alimony.
The recipient may seek a court’s intervention, which could result in further legal consequences for the non-compliant spouse, including potential penalties for contempt of court.
We invite potential clients to schedule a free initial consultation with us by calling 630-505-1515 or by contacting the firm here. We represent alimony and family law clients in and around Naperville, Aurora, Wheaton, and Bolingbrook, as well as throughout DuPage, Kane, and Will Counties.
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