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What Factors are Considered When Calculating Spousal Maintenance in Illinois?After deciding to cut ties with your spouse, it can be difficult to imagine a life without them. You may know that divorce is the best decision for you both; however, that does not always mean that the transition is seamless. You experience being truly on your own for the first time since getting married, both emotionally and financially. While the emotional transition can be a rollercoaster of highs and lows, adjusting to a single income can be the most difficult change of all. Maybe you were a one-income household with one parent staying home, or perhaps you both had a steady income. Regardless, getting used to living off one paycheck, while working on the emotional distress that comes with divorce, can be enough to send someone into a spiral. Fortunately, spousal maintenance can supplement your finances if your former spouse has a greater income than you.

What Does the Court Look At?

To help divorcing couples adjust and survive, the court will often require one spouse to pay their ex a particular amount each month. While they may use an equation of sorts, there are a variety of other factors that play into a judge’s decision for these payments. Spousal maintenance requirements vary in amount, frequency, and lifespan. In other words, every divorce agreement is unique, including the amount of money that will be given by one former spouse to the other. According to Illinois statutes regarding spousal maintenance, the following factors are considered while making decisions regarding these payments:

  • The property and income of each party, including any assets that are assigned in the property division process
  • The possible present and future earning capacity of each party
  • Time devoted to domestic work throughout their marriage and decisions made to defer education or employment opportunities as a result of the marriage
  • The time it will take the deserved party to acquire proper training, education, and employment and how well this job position would allow them to support themselves
  • The duration of the marriage and their standard of living at the time of divorce
  • All sources of income that each party has access to, including retirement and disability income

When the court comes to an agreement on the spousal maintenance amounts, they must provide the two parties with the reasoning behind their choices. The findings report will include information regarding why the court did or did not require spousal maintenance payments to be made and an explanation of what factors contributed to their decision.

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Modifying Maintenance Orders After Your Illinois DivorceFor many people, a divorce is a new start to their lives. The finalization of a divorce is a cause for celebration, especially considering how long and difficult the divorce process can be. Though you may want to forget that your former spouse exists after your divorce is over with, you may never truly be 100 percent separate from him or her, especially if you have children together. Many divorces will end with certain child support, spousal maintenance and parental responsibility orders being given, but that does not mean they are permanent. In some cases, you may need to revisit these issues and come to a new agreement. If this happens, you will have to petition for an order modification.

Factors Considered for Maintenance Modification

Either spouse – the payer or the receiver – can request to have spousal maintenance orders modified. Maintenance orders will be modified only if there is a significant change in circumstances to either spouse’s situation. In order to determine whether or not a modification is called for, the judge will look at a variety of factors, including:

  • Any change in employment status of either spouse and whether or not that change was made in good faith;
  • The efforts made by the receiving spouse to become self-supporting;
  • Any impairment of the present and future earning capacity of either spouse;
  • The tax consequences of the maintenance payments for each spouse;
  • The duration of the maintenance payments paid in relation to the length of the marriage;
  • The property awarded to each spouse in the divorce;
  • The increase or decrease in each spouse’s income since ordering the maintenance payments; and
  • The property acquired and currently owned by each spouse.

The factors used during the initial maintenance determination will also be considered when a modification to the maintenance order is requested.

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Will I Get Spousal Maintenance After My Illinois Divorce?Getting spousal support is not guaranteed in any Illinois divorce. Before a judge decides to award spousal maintenance to either spouse in a divorce, you must prove that there is a reasonable need for you to be awarded support. Getting a divorce can sometimes leave one spouse in a worse financial situation than the other spouse, and the income of each spouse is often used as one of the main driving forces behind the decision to award spousal maintenance. Spousal support is used as a way to help a financially dependent spouse eventually become financially independent, which is why not all divorce cases require spousal maintenance. 

Factors for Consideration

Illinois law states that there are certain factors that judges must consider in order to award spousal maintenance to one spouse. These factors include:

  • The income and property of each spouse, taking into account property and liabilities awarded to each spouse as a result of the divorce;
  • The needs of each spouse;
  • The duration of the marriage;
  • The present and future earning capacity of each spouse;
  • Whether or not there are any impairments to the earning capacity of each spouse due to committing time to domestic duties or delaying education, training or employment opportunities because of the marriage;
  • How much time will be necessary to enable the spouse seeking maintenance to get an education, training and/or employment and whether or not that spouse will be able to support him or herself during that time;
  • The effect that any parental responsibility arrangements will have on either spouse’s ability to maintain employment;
  • The standard of living established during the marriage;
  • The age and health of each spouse;
  • The tax consequences for each spouse;
  • Any valid agreement between the spouses; and
  • Any other factor the court deems to be relevant.

Contact a DuPage County Spousal Maintenance Lawyer Today

For some couples, spousal maintenance may be unnecessary for many reasons. For other couples, spousal maintenance may be completely necessary to allow one spouse to get back on his or her feet. If you are unsure of whether or not spousal maintenance is necessary for your divorce, you should contact a Homewood, Illinois, spousal maintenance attorney. At The Foray Firm, we can help you make sure you are getting spousal support if you need it. Call our office today at 312-702-1293 to set up a consultation.

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Will County alimony lawyerf you believe what you see on TV and in the movies, the “average” American family once looked quite different from what it looks like today. In many homes, the man of the house worked full time, while his wife was a stay-at-home mother and homemaker. Of course, this was not how every family worked, but the situation was so common that when a divorce occurred, it was practically assumed that the husband would make support payments—called alimony—to the wife to help her make ends meet.

In the last 40 years or so, much has changed about family life. Today, only a select few households can afford for just one spouse to work. Additionally, each spouse’s role can now be customized to meet their family’s needs with far less concern about social pressures or gender-based expectations. These changes have been reflected in divorce laws across the country, including here in Illinois, with lawmakers intent on making divorce as fair as possible for all couples. One example can be found in the state’s laws regarding alimony—now called spousal maintenance—and the fact that it will not always be ordered in divorce cases.

Important Factors

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) says that if there is no prenuptial or postnuptial agreement that addresses the issue of maintenance, the court must determine that a need exists for such payments before they can be ordered. To determine need, the court will look at a number of factors related to the marriage and divorce, including:

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