The phrase spousal maintenance refers to what was commonly known as alimony or spousal support. Spousal maintenance is far from being automatic, and judges will take a number of factors into consideration when rendering judgments on whether to order a party to pay spousal maintenance.
Brinkmeier Law, LLC understands all of the many implications of spousal maintenance awards, and we both help people get spousal maintenance payments or avoid paying them entirely. Our firm works with people living in places all over Cook County, DuPage County, Will County, Lake County, and McHenry County.
Under 750 Illinois Consolidated Statute (ILCS) § 5/504, courts first need to determine whether spousal support awards are appropriate by conducting an analysis involving 14 different factors that include each party’s income, property, and needs. Courts must also consider the current and future earning capacities of both parties.
Courts can also consider when spouses had earning capacities impaired because of time they devoted to domestic duties or abandoned or delayed training, education, employment, or career chances because of a marriage. General factors a court will consider in spousal maintenance cases will include the income and property of both parties, each party’s needs, the ability of each party to earn income, parental responsibility, marital agreements, tax considerations, and any other applicable factors.
The standard of living each party enjoyed during a marriage can also be considered in addition to the duration of the marriage. The guideline method for calculating maintenance is 33.3 percent of a maintenance payer’s monthly net income or 25 percent of a maintenance recipient’s monthly net income, with payments not being more than 40 percent of the combined net income of the parties.
Under 750 Illinois Consolidated Statute § 5/504(b-1)(1)(B), the duration of a maintenance award is determined by multiplying the length of the marriage at the time an action was commenced by a number of factors. Contact our office to learn more about this.
If you are currently arguing with your spouse about spousal maintenance or alimony payments, you are going to want to find yourself legal representation without any further delay. Brinkmeier Law, LLC, knows how challenging these kinds of issues can be for most people and we also know how to work out agreements.
Our firm understands when spousal maintenance is appropriate and when it is not, so we can fight to get the right outcome to these types of cases. You may call (312) 291-4486 or contact us to set up a free consultation with our Illinois maintenance/alimony attorney.