Kane County Alimony Attorneys
Spousal Maintenance Lawyers Serving St. Charles, Elgin, and Aurora
Alimony, sometimes called maintenance, describes a payment one spouse makes to another spouse following divorce. Alimony is used to prevent one spouse from undergoing financial hardship as a result of the divorce. The lesser earning spouse, in many cases, receives maintenance from the spouses who has a higher income.
The Kane County attorneys at The Stogsdill Law Firm, P.C. are experienced at providing clients representation in alimony matters throughout Illinois. Our attorneys have represented wives and husbands when maintenance is an issue in divorce and are skilled advocates for clients’ interests in negotiations. However, if a resolution is not found during the negotiation process, our attorneys are devoted to representing your interests in the courtroom through litigation.
Alimony in Kane County
In the past, alimony was awarded in divorce to wives because women typically earned less than men, and many wives chose to care for the family rather than pursue educational or professional advancement. However, families have changed since the establishment of alimony, and maintenance today is often awarded on a temporary basis and is not a given in divorce cases. When the receiving spouse becomes financially independent, maintenance is terminated.
Determinations for spousal maintenance in Illinois include many factors, such as:
- Each spouse’s income;
- Each spouse’s financial needs;
- Each spouse’s existing and future earning potential;
- Whether one spouse’s earning potential was diminished in order to take time from work to care for family;
- The length of time it would take for the lesser earning spouse to increase his or her earning potential through training and educational courses;
- Contributions, if any, either spouse made to the other’s professional advancement;
- The standard of living the parties became accustomed to during the marriage;
- The marriage length;
- Which spouse has primary custody of the children;
- Each spouse’s age and health;
- Any valid marital agreements, such as a prenuptial agreement or postnuptial agreement; and
- Tax consequences relating to the divorce or any awarded maintenance.
The statutory formula for determining alimony includes calculations for the amount when the gross combined income of both spouses is less than $250,000. The calculation involves 30% of the payor’s gross income minus 20% of the gross income of the recipient, or payee. If the result is more than 40% of the combined gross income of both parties, it is reduced in order to be under 40%.
The length of time alimony payments are made is determined by multiplying the length of the marriage by a factor according to the following table:
|Years of Marriage||Multiplication Factor|
|>20 Years||Permanent alimony or spousal maintenace equal to length of marriage|
Over time, it is possible for the financial circumstances of either spouse to change. If the change is substantial, a modification request may be made in court. If the support spouse remarries or lives with an intimate partner following divorce, alimony is also terminated.