The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

If you are going through a divorce, you may wonder if you’re entitled to financial support from your spouse. Spousal maintenance is the term that the state of Illinois uses instead of alimony, though they are the same thing. In the past, courts viewed alimony as payments from the husband to continue his obligation to support his wife. Now, spousal maintenance is awarded to either spouse depending on a variety of factors.

Determining Factors for Spousal Maintenance Eligibility

When you seek maintenance from your spouse, the court will first determine whether or not you are eligible to receive these payments. In Illinois, eligibility determinations are based on these factors:

...
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,The reasons couples get divorced vary from the very common to quite unique. In some cases, tales of the odd and downright unbelievable accompany court filings. Whether they are true or just some ploy to gain sympathy from the court in an effort to win more a more favorable alimony settlement, there are anecdotes of some very bizarre reasons why individuals have sought a divorce from their spouse.

Examining Some of The Most Bizarre

Infidelity, abuse, chemical dependency, mental illness and even irreconcilable differences are probably some of the most commonly applied reasons for divorce, Here, however, we are taking a look at some of the strangest reasons people filed for divorce from around the world.

  • My wife is possessed: Not possessive, but rather possessed … as in, by an evil spirit or the devil. An Italian man used this as his grounds for seeking a no-fault divorce. He even supplied witnesses to his wife’s odd behavior. In the end, he got his divorce.
  • Marriage turns ice cold: A Japanese couple filed for divorce after the husband told his wife he really did not care for the animated film, Frozen. She loved the movie and was so put out by her husband’s failure to recognize the film’s greatness that she asked for a divorce.
  •  Nice try, but you are still alive: In 2004 man suffered a serious illness during which time his heart stopped beating. In 2007 he filed for divorce claiming he and his wife were no longer legally married since he had died, although not permanently. The judge did not buy it.
  • Easy come, easy go: After 25 years of marriage, a woman filed for divorce from her husband, seemingly out of the blue. The man was baffled until he and his lawyers learned the woman won more than one million dollars in the lottery and was hoping to keep it all for herself. No such luck. The judge ordered her to turn over all her winnings to her husband.

Retain a Resourceful Illinois Divorce Lawyer to Help You Gain a Proper Settlement

...

When to Seek Alimony Modification, divorce, divorce modification, alimony modification, spousal support, alimonyLife is full of changes. New houses, new jobs, new children, new expenses and the list goes on. Even after a divorce is finalized changes occur for both former spouses, and those changes may allow one or the other to seek an alimony modification.

Yes, you read that right. An alimony modification may be made if either party experiences a change in circumstances that impact either the amount needed or amount available to be paid. A knowledgeable alimony modification attorney can help either the payor or payee seek the relief that allows each to continue managing their incomes and expenses.

Reasons to Seek an Alimony Modification

...

Posted on in Spousal Support

maintenance, Aurora divorce attorneyIn a recent post on this blog, we discussed the criteria used by Illinois courts to determine whether spousal maintenance was appropriate following a divorce. The law requires a court to look at various factors relevant to the marriage and each spouse’s financial situation to ensure that a need for spousal support actually exists. If maintenance is found to be appropriate, the court must then calculate how much is to be paid and for how long. Illinois law also provides guidance regarding these considerations as well.

Maintenance Amounts

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a specific formula to be used in situations where the couple’s combined income is less than $250,000 per year and the paying party has no other obligations for maintenance or child support from a previous relationship. In such a case, the amount of support to be paid is found by taking 30 percent of the paying spouse’s gross income and subtracting 20 percent of the receiving spouse’s net income. The difference will be the amount expected to be paid unless that amount plus the recipient’s income equals more than 40 percent of the couple’s combined income.

...

maintenance, Aurora divorce attorneyIf nostalgic television programs are to be believed, the “model” American family looked very different several decades ago as compared to today. In many cases, one spouse—usually the husband—was the sole wage-earner while the other spouse—usually the wife—stayed home to manage the household and the children. While this scenario was not the reality in every family, it was common enough that if a marriage ended in divorce, most people presumed that the husband would be required to pay alimony to his wife so that she could continue meeting her day-to-day needs as well as those of the children.

Over the last few decades, there has been a dramatic shift in the family unit. Today, very few families can afford to survive on a single income, and the roles of each spouse may be defined to meet the particular family’s needs rather that adhering to strict social expectations. Such changes have also been reflected in Illinois laws regarding divorce, with a focus on making the process as equitable as possible. For this reason, alimony—also known as maintenance—is not guaranteed in a divorce proceeding, and will not be awarded unless the court determines that an actual need exists.

Factors to Consider

...
The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Facebook Twitter LinkedIn
Back to Top