What is alimony in a divorce?

In a divorce, alimony is money that one spouse agrees to or is ordered to pay to another. Alimony, also known as spousal support or maintenance, may be short-term or long-term and may be awarded in different amounts depending on circumstances, such as both spouse’s income amounts.

What qualifies a spouse for alimony?

In Illinois, alimony or maintenance is usually awarded in instances in which one spouse cannot support themselves, and the other spouse’s income is such that they can partially support that spouse. Often, alimony is awarded or agreed upon in instances in which one spouse earns considerably more than the other, and the spouse seeking support in some way contributed to the higher-earning spouse's career or was impaired in their own career due to domestic duties or other aspects of the marriage.

How do you get alimony?

Illinois courts consider numerous factors in determining whether maintenance awards are appropriate in a given situation. If you believe that you should be entitled to support, your next move should be to consult an experienced spousal maintenance attorney in Lake County, IL. Your attorney can gather the facts and provide information that supports your assertion that you should receive alimony payments as part of divorce dispute settlements or in a judgment issued by the court.

How do you avoid or reduce the obligation to pay alimony?

If you’re concerned about being ordered to pay an unreasonable or unfair amount of spousal support, you need to take proactive action right away to protect yourself. Hiring an experienced Bannockburn alimony lawyer is essential for building a strong case that maintenance payments are not necessary or warranted or that the appropriate amount of alimony is less than what your spouse is seeking. Although your attorney will have to advise you on how to move forward based on the specifics of your case, you should know that it may be in your best interests to work toward resolving disputes over spousal support payments out of court. In a trial, a court may award alimony to your spouse in whatever amount and duration it considers just, even if your spouse engaged in marital misconduct. That judgment is binding. Other approaches, such as mediation, collaborative divorce, and negotiated settlements, may allow you to retain some control over the final agreement.

How long does alimony last?

In some instances, alimony is a short-term requirement intended to allow the spouse who is receiving support to prepare for or find employment through which they can support themselves. In other instances, alimony may be awarded for years, even decades, or for an indefinite period. Of course, the duration of alimony payments affects both the spouse receiving support and the spouse paying alimony. To help you seek a favorable outcome to spousal support disputes in divorce proceedings, you should consult a seasoned spousal maintenance attorney in Lake County, IL.

Bannockburn Alimony Lawyer | Spousal Maintenance Attorney Lake County, IL

Spousal Maintenance Attorney in Lake County, IL Ensuring Fair Support Arrangements in Bannockburn, Cook County, DuPage County, Will County, and Throughout Northeastern Illinois

When a marriage ends and a couple’s finances are no longer commingled, there may still be some remaining responsibilities for one former spouse to support the other. Spousal maintenance, also known as alimony or spousal support, doesn’t apply in all situations. In divorce proceedings that involve disputes over maintenance payments, hiring an experienced Bannockburn alimony lawyer is your best option to achieve the most favorable outcome for you.

At the Katz, Goldstein & Warren Law Firm, we assist clients with all aspects of maintenance payment matters. Whether you’re seeking to maximize the amount of alimony you’re entitled to or reduce the financial impact of maintenance payments on your future as the payor, we’ll put our considerable experience to work pursuing a favorable outcome.

For a confidential initial consultation, contact us today.

Maintenance and Alimony Payments in Bannockburn, Illinois

In Illinois, one spouse may be required to make support payments to the other pursuant to a divorce or legal separation. Generally, a spouse may have to contribute to the support of the spouse seeking maintenance in instances in which one spouse is not able to fully support themselves. For example, a working spouse may have to make maintenance payments to a spouse who has historically been a stay-at-home parent.

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Types of Alimony

Spousal maintenance requirements can vary drastically from one situation to another. When the subject of maintenance arises in the course of your divorce, you should know that there are many different terms under which alimony can be ordered or negotiated, including:

Temporary
Fixed-term
Permanent
Modifiable
Non-modifiable
Rehabilitative
Reviewable
Indefinite

Factors That Determine Alimony and Maintenance Payments in Illinois

In divorce litigation, courts will consider a variety of factors to determine whether it’s appropriate to award maintenance to one spouse and how much alimony to order. Since these factors would be considered in litigation, it’s also important to be aware of them when attempting to resolve disputes outside of litigation, such as through settlement negotiations, mediation, or collaborative law.

These factors include:

Each spouse’s income and property
Any sources of public or private income, such as disability income and retirement income
Each spouse’s needs
Each spouse’s financial liabilities
Each spouse’s present earning capacity
Each spouse’s future earning capacity
Each spouse’s occupation, vocational skills, and employability
Whether domestic duties or other aspects of the marriage impaired the present or future earning ability of the spouse seeking support
Whether the spouse seeking alimony contributed, financially or through services, to the other spouse’s education, training, or career
Any impairment in the present or future earnings of the spouse who would be required to pay alimony
Tax consequences of maintenance payments on both spouses
Whether the spouse seeking alimony can support themselves
The time it would realistically take for the spouse seeking maintenance to find appropriate employment or to prepare for such employment through education and training
The impact of parental responsibilities on a spouse’s ability to seek and maintain employment
The length of the marriage
The standard of living for both spouses during the marriage
The age, health, and station of both spouses
Any valid agreements between the parties, such as a prenuptial or postnuptial agreement

In representing your interests in a dispute over spousal support, your Bannockburn alimony lawyer will examine all of these factors and use the facts of your circumstances to push for the outcome that is most favorable to you.

Calculating Spousal Maintenance in Illinois

When a court calculates spousal support payments, it uses an intricate set of guidelines to do so. These guidelines factor in the following:

Both parties’ combined and separate income amounts
The duration of the marriage
Whether the payor is already paying child support (and if so, how much)
Maximum thresholds based on percentages of the payor’s income

Generally, for divorcing spouses whose combined gross annual income is below $500,000 and is not affected by child support payments for shared children or support payments of any kind pertaining to a prior relationship, alimony is calculated by subtracting 25% of the payee's net income from 33 1/3% of the payor's net income. The amount paid in alimony cannot exceed 40% of the spouses’ combined net income.

Guidelines for establishing a duration of spousal maintenance payments involve multipliers based on the length of the marriage. If ordered to pay spousal maintenance following a marriage that lasted more than 20 years, the payor may be required to keep paying alimony for the full length of the marriage or indefinitely.

These calculations are complex, and it’s important to have a spousal maintenance attorney in Lake County, IL, on your side to ensure these calculations reflect the reality of your and your spouse’s financial situation.

Although the court traditionally uses this guideline in ordering spousal support, non-guideline maintenance awards and agreements may also be permitted under Illinois law. Your Bannockburn alimony lawyer can help you explore options that make sense in your situation.

How the Katz, Goldstein & Warren Law Firm Can Help

The divorce attorneys at the Katz, Goldstein & Warren Law Firm have extensive experience assisting clients with resolving spousal maintenance issues that accompany divorce proceedings. We’ve accomplished results for our clients through both negotiating agreements and litigating maintenance issues.

Seeking Spousal Support

When you have made sacrifices that allowed your spouse to achieve more income, you’re entitled to a portion of that income in the form of maintenance. We know how crucial it is that you receive a fair amount of alimony, and we will establish all of the factors that demonstrate your eligibility through meticulous case preparation that begins with conscientious discovery and financial analysis.

Throughout negotiations or other means of resolving spousal support disputes, we will stand strong in our priority to secure you a favorable outcome and use all our leverage to facilitate an agreement. If needed, our trial attorneys are prepared to present your case for maximum spousal support to the judge.

Minimizing Alimony Obligations

Our goal for our clients from whom spouses are seeking maintenance is to ensure alimony isn’t ordered in situations or amounts that are unfair, unreasonable, or inappropriate. We address every factor considered under Illinois state law to raise valid reasons for reducing the amount of spousal support ordered to a reasonable level or barring maintenance payments completely.

We draw on our experience and knowledge of the likely outcomes of maintenance orders that could be issued in court to guide our strategy as we seek solutions or approach alternative methods of dispute resolution.

Why Choose the Katz, Goldstein & Warren Law Firm

At the Katz, Goldstein & Warren Law Firm, our diligence is the key to achieving beneficial results for our clients in matters of maintenance and alimony. Throughout Northeastern Illinois, divorcing spouses have turned to us for skilled legal representation and trusted guidance.

Here’s why you should choose us:

Experience: Our firm has spent more than 25 years cultivating a reputation for excellence in all areas of family law. From spousal support to division of property and child custody matters, we’re prepared to assist you with all aspects of your divorce case.
Commitment to results: Your priorities are our priorities. Our goal in any divorce matter is to work toward an outcome that is as beneficial to our clients as possible and that best upholds the views that matter most to them.
Compassionate approach: You’re going through a lot right now, and the strain of disputes over alimony and maintenance is only making the situation more difficult. We approach each client’s situation with sensitivity, compassion, and an effort to make this process easier, less confusing, and less stressful.

Contact a Bannockburn Alimony Lawyer Today at the Katz, Goldstein & Warren Law Firm for an Initial Consultation

Maintenance and alimony disputes are often among the most difficult issues to resolve in a divorce, but the guidance of a knowledgeable Bannockburn alimony lawyer can help you find a path forward.

For help from a spousal maintenance attorney in Lake County, IL, contact the Katz, Goldstein & Warren Law Firm online or call us today.

Bannockburn Alimony Lawyer