Glen Ellyn Spousal Support Attorney

Lawyer for Spousal Maintenance or Alimony in DuPage County Divorce Cases

Ending your marriage through divorce will involve a variety of legal issues, as well as several areas of financial concern. In many cases, both spouses will have the financial resources that will allow them to begin establishing new lives and homes for themselves. However, there are some situations where one party does not have access to the funds they need or where they may be reliant on the income earned by their former partner. In these cases, spousal support may be appropriate, and it can ensure that both parties will be able to provide for themselves after their marriage has ended. When addressing spousal support, it is important to work with a divorce attorney who can help ensure that Illinois law is applied correctly.

NN Legal Group provides knowledgeable legal help to spouses during the divorce process. We can help you understand whether spousal support may be a factor in your case, and we will offer you practical advice on how to approach this issue and how it will affect other aspects of your divorce. Attorney Nicolas Nelson's 12-plus years of legal experience can provide you with the guidance you need to resolve these matters effectively, ensuring that you will be financially secure once your divorce is complete.

Illinois' Divorce Laws and Spousal Maintenance

While payments made by one former spouse to another are generally referred to as spousal support or alimony, they are known as "spousal maintenance" under the divorce laws in Illinois. It is important to understand that these payments are not meant to serve as a punishment or reward for either spouse, and the law states that the decision of whether to award maintenance should not be based on either spouse's "marital misconduct." Instead, these payments are meant to make sure that after they are divorced, both spouses can maintain the living standards they enjoyed while they were married.

To determine whether spousal maintenance is appropriate, there are several factors that may be considered by a family court judge. These include the income that each spouse currently earns, their requirements for paying child support or meeting other financial obligations, their realistic earning capacity in the present and the future, their ongoing needs, and their age and health. Another factor that a judge may consider is whether the spouse who is seeking maintenance contributed to the other spouse's career or helped them increase their income-earning capacity, such as by taking on the majority of childcare and housekeeping duties so their partner could focus on obtaining a college degree and advancing in their job.

If it is determined that maintenance should be awarded, the statutory guidelines provided in Illinois law will be used to calculate the amount of the payments that will be made. When following these guidelines, one third (33 1/3%) of the payor's net annual income will be calculated, and one fourth (25%) of the recipient's net annual income will be subtracted from this amount. The resulting figure will be the amount of maintenance paid each year, and it will usually be divided into monthly payments. The total amount that the recipient will receive through income and maintenance payments cannot be more than 40% of the parties' combined net income.

The duration that maintenance will be last will be based on the amount of time the parties were married. For marriages of less than five years, payments will last for 20% of the length of the marriage. This percentage increases for each additional year of marriage, topping out at 80% for marriages that lasted between 19 and 20 years. If a couple was married for at least 20 years, maintenance will be paid for 100% of the length of the marriage, or it may be paid indefinitely. A person's obligation to pay maintenance will be terminated if either party dies or if the recipient gets remarried or begins cohabitating with a new partner.

Contact Our Wheaton Spousal Maintenance Attorneys

At NN Legal Group, we can advocate for your financial interests in matters related to spousal support. Whether you may pay or receive spousal maintenance, we can help you understand how Illinois law applies to your situation, and we will work with you to achieve an outcome to your divorce that will allow you to be financially successful. To set up a free consultation and learn more about how we can help with your case, contact our office today at 630-474-0925. We represent divorcing spouses in Glen Ellyn, Villa Park, Lombard, Wheaton, Carol Stream, Glendale Heights, Addison, Bloomingdale, and throughout the communities in and around DuPage County. Hablamos Español.