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

630-409-8184

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

Subscribe to this list via RSS Blog posts tagged in spousal support

DuPage County divorce decree attorneyMost people have heard of a divorce decree, but they may not know what it actually is. If you are going through a divorce, you probably know that getting your divorce decree is the last step in finalizing the process. There can be a lot of paperwork and forms involved in a divorce, but the divorce decree is perhaps the most important legal document of all. It is, therefore, best to have a skilled Illinois divorce lawyer guide you through the process to avoid any mistakes that could impact your future.

What Is a Divorce Decree?

A divorce decree is a legal document that formally declares and finalizes a divorce. The divorce decree contains information pertaining to the marital issues that have been decided on in the divorce. The contents of the divorce decree will vary depending on the couple, but most divorce decrees typically address the following topics:

DuPage County prenuptial agreement attorneyThe idea of planning for your divorce before you are even married can seem counterintuitive to many, unromantic to some, and just plain wrong to others. While nobody wants to admit it, the prospect of getting divorced is a very real one. Depending on the source, the divorce rate in the United States fluctuates between 40 and 50 percent. Although prenuptial agreements may still hold a negative stigma, they are becoming more popular than ever, for a couple of reasons. For one, the average age of marriage has increased dramatically from what it was just a couple of decades ago. People who are older tend to be more established and have more assets and property that they want to protect. If you are thinking about getting a prenuptial agreement, the following are a few ways it can benefit you and your spouse:

You Get to Choose How Your Property Is Divided

In a prenuptial agreement, you can spell out which specific property is given to whom in a divorce. This means you do not necessarily have to follow state laws on property division. Illinois divides marital property on an equitable basis, which does not necessarily mean equally. Judges use a specific list of factors to determine how property and debt are divided fairly. With a prenuptial agreement, you can divide your property as you see fit, and can also guarantee that certain assets, like family heirlooms or family pets, will stay with you.

You Can Protect Your Business

Another way prenuptial agreements can be beneficial is for protecting any businesses or professional practices that you own or may own in the future. If you state that your spouse has no right to any portion of your current or future business, then you maintain sole ownership, rather than having to split it. Under Illinois law, if you start a business while you are married, your spouse has a right to a portion of that business. Likewise, if you already have a business before you are married, your spouse is entitled to a portion of the profits or growth that accumulated during the marriage.

...

DuPage County high-asset divorce attorneyAll divorces have the potential to be complex, but when a couple has a high net worth, the proceedings tend to be even more complicated than normal. For couples who have an abundance of property or assets that are worth a lot of money, the divorce process will involve more decisions. Issues such as property division, spousal maintenance, and child support may be handled differently. People who have a high net worth can greatly benefit from a skilled divorce attorney who has experience dealing with high-value assets to help them figure out the best options for their situation. If you are involved in a high-net-worth divorce, here are a few things you should keep in mind:

  1. High-Net-Worth Divorces Are Often More Contentious

When it comes to divorces that deal with high-value assets, it is much more likely for couples to be combative, especially when dealing with property division. When spouses have many assets, especially assets that are expensive, it can be even more difficult to figure out who gets what. It may be necessary to hire an appraiser to determine the value of any large assets or property such as real estate, businesses, vehicles, boats, jewelry, artwork, or other expensive items.

  1. High-Value Divorces Are More Likely to Be Long and Expensive

When divorces are contested, or there are a lot of issues to settle, it is likely that the proceedings will be long and drawn out, which can get expensive quickly. Although nobody wants a lengthy divorce, couples in high-asset divorces may also be better equipped with the funds to pay for divorces that require a lot of negotiating and help from lawyers.

...

DuPage County collaborative divorce attorneyIn recent years, divorcing by means of alternative dispute resolution has become rather popular. Both mediated and collaborative divorces have been the choice of many couples who are looking to get a divorce, rather than using the traditional litigation process. While each type of divorce has its advantages and disadvantages, collaborative divorce can be the answer to many people’s problems when it comes to settling issues and getting the results they want out of the divorce.

What Is a Collaborative Divorce?

The idea of collaborative divorce has existed since the 1980s, although it was only practiced in Illinois beginning around 2002. The Collaborative Process Act was signed into law in Illinois in 2018, and this formally recognized the collaborative process as a means to divorce. When a couple begins the collaborative process, they agree to cooperate in order to resolve the outstanding issues in their divorce. The collaborative divorce process takes place outside of the courtroom, in multiple private meetings. Avoiding litigation is one of the main goals of this process, and a collaborative divorce will often follow several methodical steps:

  1. Make a commitment to avoid litigation. In order to proceed with a collaborative divorce, you must first find a lawyer who is certified to practice collaborative law. That attorney will answer any questions you might have and prepare you for the collaborative divorce process. Once you and your ex-spouse have each found a collaborative divorce lawyer, you will sign an agreement stating that you will do everything in your power to settle any issues outside of the courtroom. This agreement will also state that you will provide each other with a full disclosure of financial information, and you will answer any queries or requests honestly and completely. If you are unable to complete the collaborative process successfully, your respective attorneys will withdraw from representing you, and each party will need to find new counsel to represent them in court.

    ...

DuPage County, IL spousal support attorneyA divorce is never an easy decision, and for many, it can turn their entire lives upside down. Years ago, spousal maintenance (then known as alimony) was a rather common thing that was typically awarded to women who were getting divorced. Now, with more women in the workforce, the number of women receiving spousal maintenance has dropped, while the number of men receiving spousal maintenance has slightly increased. Spousal maintenance is still a rather common issue during Illinois divorces that must be decided before the divorce can be finalized.

Calculating the Amount of Maintenance Payments

If the judge determines that a maintenance award is, in fact, appropriate, he or she will use the maintenance guidelines to determine the amount of spousal maintenance to be paid. The Illinois maintenance guidelines apply to any couple whose combined annual income is less than $500,000 and when the payor does not have any other obligations to pay child support and/or spousal maintenance from a previous marriage.

The amount of maintenance to be paid is determined by taking a portion of the payor’s income and subtracting a portion of the receiver’s income from it. The formula for calculating the maintenance amount is as follows: 33.3% of payor’s income minus 25% of receiver’s income equals the yearly spousal maintenance amount. To determine the monthly amount for maintenance payments, you would simply take the amount for yearly maintenance payments and divide it by 12.

...

DuPage County divorce lawyerSocial media has been one of the defining topics of the 20th century. According to Hootsuite, a social media management platform, there were nearly 3.5 billion people around the world actively using social media at the beginning of 2019. With so many people connected on the Internet through websites like Facebook, Twitter, Instagram, and Snapchat, people are sharing their personal lives with each other more than ever before. While this can be a good thing, it can be detrimental if you are going through a divorce. Sharing parts of your personal life online can create evidence that can be used against you that can affect the outcome of issues such as spousal maintenance, property division, and even child-centered issues such as parenting time and decision-making responsibilities.

Using Social Media Posts in Your Favor

Social media is easy to use, which allows people to post photos and comments without having to think too much about what they are doing. In some situations, these kinds of posts can leave clues for the other spouse about issues such as hidden assets or whether or not the ex-spouse has a true need for spousal maintenance. For example, your ex might be petitioning to receive spousal maintenance due to claims he or she will not be able to enjoy the same standard of living that was enjoyed during the marriage. However, if he or she posts photos of a vacation with friends, you may be able to use those posts as evidence that he or she was not being completely honest about his or her financial situation.

Social Media as Evidence in Court

In the state of Illinois, using information obtained from social media is a legitimate form of evidence. This means that anything you or your spouse post on social media could be used against you in court, as long as the information was not obtained illegally or fraudulently. You cannot open fake social media accounts with the intention of posing as another person to gain information. You also cannot “hack” into your spouse’s account with the intention of gaining information. As a general rule of thumb, if the information you are using was posted publicly and available to users with an account, it is typically admissible as evidence in court.

...

Aurora child support enforcement attorneyIn Illinois divorces, it is not uncommon for child support or spousal support to be awarded to the appropriate parties. A support order of either type is a legally binding court order, meaning failure to pay can result in severe consequences. The state of Illinois understands that many families rely on these support payments in order to provide for themselves and their children. Because of this, failure to pay child support or spousal support is taken very seriously.

What Constitutes Failure to Support?

According to the Illinois Non-Support Punishment Act, failure to support can occur in a few different ways. If a person commits any of the following actions, they can be held in contempt of court:

  • Willfully, and without any lawful excuse, refusing to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance.

    ...

Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Divorce is always complicated, no matter how you look at it. There are many issues you must settle before you can finalize your divorce, one of those being the issue of alimony or spousal maintenance. In Illinois divorce cases, spousal maintenance is never guaranteed -- some people will ask for maintenance and not receive it, some will never even bring the issue up and some are actually awarded maintenance when they seek it. For some people, maintenance is a necessity to help them survive, at least for the first couple of months after the divorce. Illinois spousal maintenance laws changed starting January 1, 2019. These laws affect the way spousal maintenance is calculated, so it is important that you understand the changes if you have not yet finalized your divorce.

Old Maintenance Laws

Prior to 2019, spousal maintenance was calculated by taking 30 percent of the payer’s income and subtracting 20 percent of the receiver’s income. This was a valid calculation for any couple whose combined annual income was less than $500,000, though the total maintenance awarded was not able to be more than 40 percent of the couple’s combined income when adding the payment to the receiver’s income.

...
Illinois divorce attorney, Illinois family lawyer,When you are going through a divorce as a stay-at-home parent, you often have different things to worry about than if you were a working parent. Most of the time, stay-at-home parents sacrificed their careers or education to stay home and take care of the children. This can be problematic for them because stay-at-home parents typically rely on the income of their spouse to support the family. When you get a divorce, you find yourself being put into a situation where you must re-enter the workforce with little or outdated education and large gaps in your employment history. In these situations, spousal maintenance is used as a tool to keep you on your feet. Here are five steps you should take when you are a stay-at-home parent who is getting a divorce.

Gather All of Your Financial Documents

First things first -- you need to have all paperwork on your finances ready to present to a divorce lawyer. These documents can include:

  • Tax returns and W2’s from the previous three to five years;
  • Bank statements, including information on both checking and savings accounts;
  • Mortgage documents;
  • Vehicle titles;
  • Retirement account statements;
  • Credit card statements; and
  • Investment account statements.

Ensure You Have Access to Your Money

Some stay-at-home parents find that they do not have regular access to their family’s funds. If this is the case, you should make sure that you begin saving small amounts of money here and there to build up a reserve. One way around letting your spouse know you are saving money is by asking for cash back when you are at stores. If you have reason to believe your spouse might be hiding money from you, you should tell your lawyer who can help you discover it.

Remake Your Budget

Divorce is expensive -- it’s no secret. Going through a costly divorce and having to support yourself after years of staying at home can wreak havoc on your finances. Creating a balanced budget is one way you can help yourself be financially secure after your divorce. Try not to take into account any spousal maintenance payments or child support payments until those are final.

Start Looking for a Job

The truth of the matter is that even though you have been a stay-at-home parent for a length of time, you will more than likely have to return to the workforce after your divorce. You cannot expect to survive on spousal maintenance alone, which is not even guaranteed to you. Prepare yourself by looking for a job now and putting together an updated resume and list of references.

Hire a Compassionate DuPage County Divorce Attorney

One of the most important things you can do as a stay-at-home parent is hire a competent, yet compassionate Aurora, IL divorce lawyer. At the Law Office of Matthew M. Williams, P.C., we understand the troubles that a stay-at-home parent faces when getting a divorce. We can help you throughout the divorce process, from filing the initial paperwork to negotiating a spousal maintenance schedule. Contact our office today to set up a consultation by calling 630-409-8184.

  Sources:

https://divorceandyourmoney.com/blogs/stay-at-home-mom-divorce/

...
Illinois divorce attorney, Illinois family lawyer,A “gray divorce” is a fairly new term that people have been using when referring to those who get divorced in late adulthood. A divorce is considered a gray divorce when the couple who is getting divorced is over the age of 50. According to the Pew Research Center, the divorce rate for Americans over the age of 50 has doubled since 1990 and for Americans over the age of 65, the divorce rate has tripled. Older Americans have seen an increase in divorce rates while younger Americans between the ages of 25 and 39 have actually seen a decrease in the divorce rate, by about 20 percent. Typically, couples getting a gray divorce have been married for decades, which is why they face a lot of negative stigmas and backlash from those surrounding them. They also face unique circumstances when it comes to divorce, which is why specific considerations should be made. You Will Probably Be Entitled to Spousal Support

It is extremely common for long-term marriages to involve some sort of spousal support. In Illinois, specific factors are used to determine whether or not spousal support is necessary in a divorce. These factors can include:

  • The income and property of each spouse;
  • The standard of living established during the marriage;
  • The present and future earning capacity of each spouse;
  • The duration of the marriage; and
  • The age, health, occupation, vocational skills and employability of each spouse.
A marriage that lasted less than 20 years will involve some sort of temporary maintenance based on those factors. If the marriage lasted longer than 20 years, the length of maintenance payments can be equal to the length of the marriage, or indefinitely. You Will Need to Seriously Think About Your Retirement Plans One of the major factors that need consideration when getting a divorce after the age of 50 is your retirement plans. Typically, when you are married, you make financial plans to retire using your income, which can be from one or both spouses. When you get divorced, your retirement funds are typically (but not always) split in half, which means you could be set back in your retirement goals. Do Not Forget About Your Children In a gray divorce, children are typically adults or teenagers. It is important to remember that it does not matter what age your children are - news of a divorce can be devastating to anyone. You should remember that even if your children are adults, they still need your love and support, especially during your divorce. Try to keep them as informed as possible as this can help everyone. A Compassionate DuPage County Divorce Attorney Can Help Divorce is never easy, no matter your age, but it can be especially difficult when you have been married for decades. Every aspect of your life changes when you get a divorce, which is why it is important to have a knowledgeable and hard-working Aurora, IL divorce lawyer at your side. At the Law Office of Matthew M. Williams, PC, we understand how hard a divorce can be and will work to help you every step of the way. Contact our office today at 630-409-8184 to set up a consultation.

Sources:

https://www.thebalance.com/divorce-after-50-5-things-to-consider-2388813

...
alimonyUnlike child support, spousal support is not guaranteed in Illinois divorces. When you get a divorce and you and your ex have a child together, the spouse who has the child a majority of the time will receive child support payments, whereas it will be determined whether or not a maintenance award is even appropriate. Certain circumstances and factors are examined to make this determination, including the income of each spouse, any impairment of each spouse’s earning capacity, the duration of the marriage and the standard of living that was established during the marriage. Even if you are awarded a maintenance payment, the length of the award depends on a number of factors, as well. Length of Marriage Will Determine Length of Payments

According to the Illinois Marriage and Dissolution of Marriage Act, the length of time you were married will directly impact the length of time you are paid maintenance payments. The Act outlines specific multipliers to use with the length of marriage in years to find out the duration of your payments. Examples of the multiplying factors include:

  • Less than five years of marriage to seven years of marriage: .20-.32;
  • Eight years of marriage to 10 years of marriage: .36-.44;
  • Eleven years of marriage to 13 years of marriage: .48-.56;
  • Fourteen years of marriage to 16 years of marriage: .60-.68;
  • Seventeen years of marriage to 19 years of marriage: .72-.80; and
  • Twenty years or more of marriage: Equal to the length of the marriage or indefinitely.
For example, a person that was married to their spouse for 16 years will receive payments for 10.88 years. When a maintenance order is entered, there must be an extreme change in circumstances for the duration or amount of maintenance paid to be changed. An Aurora, IL Spousal Maintenance Lawyer Can Help

Divorces can be stressful, especially if it is contested. Not all divorce cases will involve maintenance awards, but depending on your circumstances, you may be awarded spousal maintenance. The best way to make sure you are getting your fair share of marital property and spousal maintenance is by hiring an experienced DuPage County spousal maintenance lawyer. At the Law Office of Matthew M. Williams, P.C., we have extensive knowledge of Illinois’ Marriage and Dissolution of Marriage Act and the rules concerning spousal maintenance. Contact our office by calling 630-409-8184 to set up a consultation today.

 

Source:

...

Posted on in Divorce
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,When you are going through a divorce, it can be a confusing process, especially because of all the words and legal terms that are used in divorce proceedings and paperwork. Understanding all of the legal jargon that is used during this process is crucial to you reaching a divorce settlement that you are satisfied with. Even some words that have normal meanings can have different meanings when used in a legal setting, which is why it is important that you educate yourself on specific words and phrases used in Illinois divorce proceedings. Marital Property: The Illinois Marriage and Dissolution of Marriage Act states that marital property is all property, including debts, that is acquired by either spouse during the marriage.

Non-Marital Property: The Act also states that there are exceptions to marital property, which is called non-marital property. Examples of non-marital property include:

  • Property acquired by gift, legacy or descent;
  • Property acquired in exchange for property acquired before the marriage;
  • Anything acquired by either spouse after a legal separation; and
  • Property excluded in a prenuptial or post-nuptial agreement.
Parenting Responsibilities: In Illinois, the term “custody” is no longer used. Instead, parenting responsibilities means both parenting time and important decision-making responsibilities when it comes to a child. Parenting Time: This refers to the time when a parent is responsible for taking care of the child and making non-significant decisions regarding the child.

Parenting Plan: This is a written agreement between parents that allocates and specifies certain things concerning their child. Things that can be covered in a parenting plan include:

  • Parenting time;
  • Decision-making responsibilities;
  • Living arrangements;
  • Schooling; and
  • Child support, if applicable.
Relocation: The term relocation is used when a parent moves a child from their current residence to a new residence. Spousal Maintenance: In Illinois, the term “alimony” has been replaced with spousal maintenance. This is the term used for any sort of payment that is paid from one spouse to another after a divorce depending on each spouse’s financial situation and needs. Get Representation from a Kendall County Divorce Lawyer

Divorce can be confusing, but it does not have to be. With the help of a well-versed Aurora divorce attorney, you can understand and be fully involved in your divorce. When you choose to be represented by an attorney from the Law Office of Matthew M. Williams, P.C., you can rest easy knowing your divorce case is in good hands. Call the office at 630-409-8184 to set up a consultation.

...
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Even though the notion of planning for the end of your marriage before you are even married is not the most romantic thought, it is smart decision making. A prenuptial agreement is a legal document that dictates how each spouse’s assets are divided if the marriage ends in divorce. There are quite a few things that a prenuptial agreement can--and should--contain. Premarital Assets and Debts You should make a list of your assets and debts that are currently in your name and that you acquired before your marriage. These assets can be anything from savings and brokerage accounts, a car, jewelry or a house. You and your spouse should be upfront with each other about assets that you are bringing into the marriage. You should also discuss how you will handle the division of premarital assets and debts in the event that they become intertwined with marital property. Marital Property In general, marital property is any asset or debt that is acquired during the marriage. The prenuptial agreement should spell out how you handle the assets and income that you gain during the marriage. You could possibly split marital property 50/50, or you could distribute the marital property as equitably as possible, meaning it may not be 50/50. This can save you a lot of time in the future if you do end up getting divorced. Spousal Support Though you are not required to have a section for spousal support in a prenuptial agreement, it can be extremely helpful to have your wishes down if you do get a divorce. Depending on you and your spouse’s assets, living expenses and other things, you may be entitled to spousal support. If your prenuptial agreement contains clauses about spousal support, the courts must follow the agreement’s terms. Get Support from an Aurora Prenuptial Agreement Attorney

Prenuptial agreements are becoming more and more popular and are losing the stigma that they once held. This is due partly because couples are tending to enter into marriage with a lot more assets than they did 40 years ago. If you are engaged and think a prenuptial agreement is right for you, a skilled DuPage County prenuptial agreement attorney can help you draft an agreement that fits your needs. Contact the Law Offices of Matthew M. Williams, P.C. at 630-409-8184 to set up a consultation.

 

Source:

https://www.americanbar.org/groups/gpsolo/publications/gpsolo_ereport/2012/march_2012/premarital_agreement_issues_checklist.html

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:

...

Posted on in Debt
Illinois divorce attorney, Illinois family law attorney, Illinois divorce laws,Even if a person has spent hours considering their various options and weighing its impact on their future, the decision to divorce can still elicit heightened emotions of fear. Unfortunately, it happens that some spouses may attempt to influence how the other proceeds with the divorce by issuing threats that play upon those fears.

Responding to Threats

It is not unusual to want your divorce to end in a way that is mutually agreeable. It is even acceptable to think the final settlement should favor you if the marriage included some egregious acts by your spouse. However, when threats are issued it is important to respond in an appropriate and legally measured manner. Doing otherwise can result in negative repercussion and even severe sanctions. However, in most cases, the threats can be best categorized as empty bluster.
  • “You’ll never get a dime unless you do this my way.” This just is not true. Community property states lay out exactly how marital assets are divided. In other states, a judge has the final say.
  • “I’d rather go to jail than pay you a single dime.” If a spouse fails to live up to court-ordered support payments, you can take steps to garnish their wages. In most cases, when faced with going to jail for defying a court order, the offending party usually opts to pay voluntarily.
  • “I’d rather quit my job than make any payments to you.” This one can be a little more difficult to fight. Try to record this threat or get a witness. A judge can order them to continue making payments.
  • “I will reconcile with you if we put everything in my name.” This is less a threat and more an attempt to dupe you into signing away future claims to marital property. Never let anyone have full financial control over your life.

Rely on the Knowledge of an Experienced Aurora Divorce Attorney

The divorce process can be a very emotional experience, leaving some people feeling vulnerable and even frightened. Matters do not improve if one spouse attempts to take advantage of the situation by issuing threats. Working with an experienced Kendall County divorce lawyer can offer one great relief and support.

...

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

...

How can Infidelity Affect Your Alimony in a Divorce?, alimony, spousal support, divorce, adultery, law officeAfter a divorce, many people find out that there are certain evaluations about what they have contributed to the marriage financially that must be made. There can be circumstances where both the husband and wife work outside the home and share equal earning power. Another common scenario is where one party to the divorce primarily contributes time and energy to the development of the family and home while the other works outside of the home to primarily provide financial stability.

Alimony, which in Illinois is called maintenance, is the money that one spouse pays the other to ensure that both parties are situated in a financially equitable position after the divorce. The idea behind alimony is ensuring that one spouse is not unjustly enriched at the expense of the other spouse.

When Is Alimony Ordered in the Divorce Process?  

...

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

...

new partner, DuPage County family law attorneyWhen you are required to pay alimony—also known as spousal maintenance under Illinois law—your payments are intended to help your former spouse alleviate some of the financial impact of the divorce. To a certain extent, maintenance is also used to help an economically disadvantaged spouse retain a semblance of the lifestyle the two of you enjoyed during your marriage. But, what happens when your spouse meets someone new? Could his or her new relationship affect your requirements for continuing spousal support payments?

An order for spousal maintenance is typically set for a specific number of months or years. Alternatively, the payments may be ordered to continue on a permanent basis. “Permanent,” however, only means that there is no date set on which the order will be terminated. It does mean that the payments will continue forever no matter what. There are certain factors or occurrences that could allow you to stop paying maintenance to your ex-spouse despite a permanent award.

Standard of Living

...
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