Spousal Maintenance Lawyer – Cook & DuPage County, IL

Cook County and DuPage County Support Lawyers

William G. Clark, Jr. & Associates, Ltd. have extensive experience working with clients on spousal maintenance matters. We represent husbands & wives in Cook County, DuPage County & throughout the Chicagoland area.

Maintenance, formerly known as Alimony, in Illinois is a support payment paid from one spouse to the other after a divorce. The intent of maintenance is to prevent one spouse from encountering financial difficulty because of the divorce.  However, the lesser earning spouse receives a monthly payment from the greater earning spouse.

How Spousal Maintenance Is Calculated

In Illinois, determinations related to spousal maintenance entitlement are made based on a number of factors, including:

  • Income of each spouse
  • Financial needs of each spouse
  • Each spouse's current and future earning potential
  • If a spouse's earning potential was diminished because he or she took time off to care for the family
  • How long it would take to increase earning potential through education or training
  • Contributions one spouse made to the other spouse's career
  • The standard of living during the marriage
  • The length of the marriage
  • Allocated parenting responsibilities regarding the children
  • The age and health of each spouse
  • Any valid pre- or postnuptial agreement
  • Possible tax consequences

Calculations for the amount of maintenance are made based on a statutory formula when the combined gross annual income of both spouses is less than $5000,000 and the payor has no obligation to pay child support or maintenance or both from a prior relationship. The formula is as follows: 33 1/3% of the payor's net annual income minus 25% of the payee's net annual income. The amount calculated as maintenance, however, when added to the net income of the payee, shall not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties.

The duration of maintenance is calculated by the length of the marriage.  If the financial circumstances of either spouse change significantly, a modification can be requested in court. Maintenance is also terminated if the supported spouse remarries or lives with an intimate partner.

Spousal Maintenance Lawyer in Cook County and DuPage County

We are advocates for our clients in court & during negotiations. If a resolution cannot be accomplished outside the courtroom, we will provide aggressive representation to protect your rights.

Contact The Law Offices of William G. Clark, Jr. & Associates at (312) 329-0830.

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