Aurora, IL Spousal Support Attorneys

Trusted Attorneys for Spousal Maintenance in Aurora, Illinois Divorce Cases

Spousal support can be one of the most significant financial issues to address during a divorce. While spousal maintenance is not awarded in every case, it may be ordered by the court to provide one spouse with financial assistance during their divorce and after the end of their marriage. The intent is to promote fairness when there is a disparity in income, earning capacity, or career opportunities, especially in cases involving long-term marriages or sacrifices that a spouse has made for the benefit of the household.

At The Law Office of Matthew M. Williams, P.C., we help clients understand their rights and obligations regarding spousal support, whether they are seeking financial assistance or responding to a request to pay maintenance. With years of experience handling divorce cases in DuPage, Kane, and Kendall counties, we know how Illinois courts evaluate maintenance and how to present compelling arguments for or against support awards based on the law and facts of your case.

Understanding Spousal Maintenance in Illinois

In Illinois, spousal support is not automatically granted. Courts will evaluate a variety of factors before deciding whether to award maintenance. These factors include:

• Each party's income and property, including marital and non-marital assets
• The needs of each party
• The present and future earning capacity of both spouses
• Any impairment to the earning capacity of the receiving spouse due to domestic responsibilities or delayed career advancement
• The standard of living established during the marriage
• The duration of the marriage
• Each spouse's age, health, and physical condition
• Contributions made by one spouse to the education, training, or career advancement of the other
• Any agreements between the spouses, such as a prenuptial or postnuptial agreement

Each case is unique, and courts must weigh all relevant circumstances when determining whether to award maintenance and, if so, how much and for how long.

How Spousal Support Is Calculated

If the court finds that maintenance is appropriate, Illinois law provides statutory guidelines for determining the amount and duration of payments.

• Amount: Generally, the paying spouse will owe 33 1/3 percent of their net income minus 25 percent of the receiving spouse's net income.
• Cap: The amount paid, after it has been added to the receiving spouse's income, cannot result in that spouse earning more than 40 percent of the parties' combined net income.
• Duration: The amount of time during which maintenance will be paid will be based on a percentage of the length of the marriage. This percentage starts at 20 percent for marriages of less than five years, and it increases with each year after five years. For long-term marriages of 20 years or more, indefinite maintenance may be awarded.

Types of Spousal Maintenance

Illinois allows for different types of maintenance arrangements that may be appropriate depending on the specific facts of a case:

• Fixed-Term Maintenance: In most cases, maintenance will be paid for a specific period of time.
• Reviewable Maintenance: Spousal support may be subject to review and modification at a later date. If the recipient has met certain goals, such as obtaining employment or completing a college degree, the amount paid may be modified, or maintenance payments may be terminated.
• Indefinite Maintenance: In cases involving long-term marriages or situations where one spouse cannot realistically become self-supporting due to age, disability, or other limitations, maintenance payments may last indefinitely.
• Lump-Sum Maintenance: In some cases, a couple may agree that spousal support will be paid in a single payment instead of periodic payments. This agreement may be made as part of a property settlement agreement, allowing one spouse to receive a larger portion of marital assets instead of receiving ongoing maintenance payments.

Legal Help With Alimony

Decisions about spousal maintenance may be left up to the discretion of a judge, and a variety of nuanced concerns may affect this aspect of a divorce. At The Law Office of Matthew M. Williams, P.C., we can provide you with strategic representation to help you achieve your goals related to spousal support. Whether you are seeking financial support, facing an unfair demand to pay maintenance, or are negotiating a complex settlement agreement, we are here to protect your rights and advocate for your interests.

We provide clear guidance on the financial disclosures that will be required and assist in negotiating the terms of a spousal maintenance agreement. If necessary, we can also help you take steps to modify or terminate spousal support payments.

Contact Our Aurora Alimony Attorneys

Whether you expect to receive or pay maintenance, the guidance of a knowledgeable attorney is essential during your divorce. At The Law Office of Matthew M. Williams, P.C., we can provide the experienced legal representation you need as you address this issue and other divorce-related concerns. To schedule a free consultation, call 630-409-8184 or contact our Aurora, IL spousal maintenance lawyers.