Belleville Spousal Support Lawyers
Spousal maintenance, sometimes referred to as “spousal support” or “alimony,” is governed by statute in Illinois. 750 ILCS 5/504. In order to determine if an award of spousal maintenance in Illinois is proper, the court looks to a variety of factors, including:
- the income and property of each party;
- the needs of each party;
- the present and future earning capacity of each party;
- whether either spouse has forgone or delayed education, training, employment, or career opportunities due to the marriage;
- the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
- the standard of living established during the marriage;
- the duration of the marriage;
- the age and the physical and emotional condition of both parties;
- the tax consequences of the property division upon the respective economic circumstances of the parties;
- contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
- any valid agreement of the parties; and
- any other factor that the court expressly finds to be just and equitable.
Each of these factors is important to the determination of whether spousal maintenance should be awarded. This is why you need an Illinois attorney who is experienced and can explain these factors to you and develop your position through documents, testimony, and arguments.
How Long Does Spousal Maintenance Last in Illinois?
How long spousal maintenance lasts in Illinois depends, primarily, on how long the marriage was. The longer the marriage, generally, the longer the maintenance payments will last. For example, pursuant to Illinois law:
- if the marriage was five years or less than the award of maintenance will generally not exceed one year;
- if the marriage lasted longer than 5 years but less than 10 years than a maintenance award will likely be between 2 and 4 years;
- if the marriage lasted longer than 10 years but less than 15 years than a maintenance award will be between 6 and 9 years;
- if the marriage lasted longer than 15 years but less than 20 years than the maintenance award will likely be between 12 and 15 years; and
- if the marriage lasted longer than 20 years, the court will can order either permanent maintenance or maintenance for a period equal to the length of the marriage;
The length of the marriage is the main factor in determining the length of the spousal maintenance payments. 750 ILCS 5/504(b). However, it is important to realize that, depending on the unique facts of your case, the court can decide to award a shorter or longer period of maintenance payments.
How much will the Spousal Maintenance in Illinois be?
Illinois law provides that the amount of maintenance, if any is awarded, shall be calculated by taking thirty percent of the paying spouse’s gross income minus twenty percent of the spouse receiving maintenance’s income. The amount awarded is not to exceed forty percent of the combined gross income of both parties. So, for example, if the spouse paying maintenance makes $100,000 in gross income and, conversely, the spouse receiving maintenance makes $30,000 in gross income, Illinois law would award $24,000 per year in maintenance payments ($100,000 x .30 – $30,000 x .20 = $24,000).
Experienced and Aggressive Illinois Spousal Maintenance Attorneys
At Hipskind & McAninch, we are prepared to assist with even the most complex cases. Whether you are seeking alimony or defending against it, we will advocate for you at every step. While we make every effort to settle matters through negotiation or alternative dispute resolution, we are also skilled litigators who will fight for your interests in court.
Contact an experienced spousal support attorney at Hipskind & McAninch for a FREE initial consultation so that we can discuss the case and your options. We understand that you may need assistance beyond the usual 9 to 5 business hours, which is why we ask that you call whenever you need legal assistance at 618.641.9189 (IL) or 314.312.2930 (MO). We are available 24 hours a day 7 days a week.