When Can a Divorcing Spouse Acquire Spousal Maintenance in Kane County? 

 Posted on December 28, 2022 in Spousal Support

Formerly known as alimony, spousal maintenance is established through an agreement between the spouses or a court order. Courts do not always award maintenance. Each divorce is evaluated on a case-by-case basis. A divorce attorney knowledgable in spousal maintenance laws can help you understand your potential maintenance entitlement or obligation during your divorce.

Formula to Calculate Spousal Maintenance

Illinois court utilizes a formula to calculate the amount of spousal maintenance one may be awarded: Twenty-five percent of the payee's net income is subtracted from 33.33 percent of the payer's net income to find the annual maintenance obligation. The maintenance must not surpass 40 percent of the combined income of the divorcing spouses.

The duration of spousal maintenance is usually determined by the duration of the marriage. For example, with a 10-year marriage, the petitioning spouse may be awarded maintenance for four years.

Elements that the Court Evaluates

Illinois courts consider the circumstances of both spouses and several other factors to determine if spousal maintenance is appropriate in a divorce case, including:

• Whether the non-contributing spouse deferred or sacrificed employment or education prospects to devote their time and energy to domestic or family obligations

• The duration of any essential education or training the non-contributing spouse will need to become self-sufficient

• Each divorcing spouse’s current and possible future earning capacity

• The length of the divorcing spouses’ marriage

• The divorcing spouses’ standard of living

• Every form of income each divorcing spouse is entitled to, including pensions, IRAs, and social security

• The property of each divorcing spouse, including any marital property to be divided

Contact a Divorce Lawyer in Kane County

At The Law Office of Matthew M. Williams, P.C., reliable divorce attorney Matthew M. Williams understands the complexities of spousal maintenance and how every divorce is unique. Matthew M. Williams customizes his strategies for each case and skillfully advocates for his clients. If you are seeking spousal maintenance or are in dispute about paying spousal maintenance, contact our St. Charles divorce attorney at 630-409-8184.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm