Alimony Lawyers – Joliet & Plainfield, IL

Alimony—legally referred to as spousal maintenance in Illinois- can be one of the most important financial issues addressed during a divorce. Whether you are seeking financial support from your spouse or are concerned about being required to pay maintenance, the outcome can have a significant impact on your finances for years to come.

At the Law Offices of Tedone and Morton, P.C., our experienced Illinois family law attorneys represent individuals in alimony and spousal maintenance matters throughout Will County and the surrounding areas. With two convenient offices in Joliet and Plainfield, Illinois, we help clients understand their rights, evaluate potential maintenance obligations, and pursue fair financial outcomes during divorce. Every marriage and financial situation is different. Our attorneys take the time to understand your income, assets, employment, family responsibilities, and long-term financial goals before developing a strategy for your case.

What Is Alimony in Illinois?

Alimony is a payment from one spouse to another that may be awarded in an Illinois divorce. Illinois law generally refers to these payments as maintenance rather than alimony or spousal support.

Maintenance is not automatically awarded simply because one spouse earns more than the other. A court must first determine whether an award of maintenance is appropriate based on the marriage's circumstances and each spouse's financial situation. Maintenance may help a lower-earning spouse meet reasonable financial needs after a divorce or give that spouse time to obtain the education, training, or employment needed to become more financially independent.

Who Qualifies for Alimony in Illinois?

No single test determines whether a spouse will receive maintenance. Illinois courts consider numerous factors when deciding whether maintenance is appropriate.

These can include:

• The income and property of each spouse
• The financial needs of each spouse
• Each spouse's current and future earning capacity
• Whether a spouse's earning potential was affected by staying home or assuming domestic responsibilities
• Time needed to obtain education, training or appropriate employment
• The effect of parenting responsibilities on employment
• The standard of living established during the marriage
• The length of the marriage
• The age and health of each spouse
• Each spouse's occupation, vocational skills and employability
• Retirement and other sources of income
• Contributions one spouse made to the education, training or career of the other
• Existing agreements between the spouses
• Other factors the court considers and equitable

For example, a spouse who left the workforce for many years to raise children may be in a very different financial position following divorce than a spouse who maintained a full-time career throughout the marriage.

Our Joliet and Plainfield alimony attorneys can evaluate these circumstances and help determine how Illinois maintenance laws may apply to your particular situation.

How Is Alimony Calculated in Illinois?

When a court determines that maintenance is appropriate, Illinois law provides guidelines for calculating the amount in many cases. For qualifying cases, the guideline calculation generally takes 33 1/3% of the paying spouse's net annual income and subtracts 25% of the receiving spouse's net annual income. The calculation is also subject to a limitation designed to prevent the recipient's income after maintenance from exceeding a specified percentage of the spouses' combined net income.

The statutory guidelines generally apply when the spouses' combined gross annual income is less than $500,000, and the paying spouse does not have certain prior child support or maintenance obligations. Not every divorce fits neatly within the guidelines. High-income divorces, complicated compensation arrangements, business ownership, self-employment, and other financial circumstances can require a more detailed analysis.

How Long Does Alimony Last in Illinois?

The length of the marriage plays an important role in determining the duration of guideline maintenance. Illinois uses statutory multipliers based on how long the parties were married when the divorce action began. Generally, the longer the marriage, the longer maintenance may continue.

For marriages lasting 20 years or longer, a court may order maintenance for a period equal to the length of the marriage or for an indefinite term. This makes the duration of the marriage particularly important when negotiating or litigating maintenance.

Different Types of Spousal Maintenance

Depending upon the circumstances, an Illinois maintenance award may take different forms.

Fixed-Term Maintenance

The court may order maintenance for a specific period. Once that period expires, maintenance ends according to the terms of the order.

Reviewable Maintenance

The court may establish maintenance for a specific period and then review the circumstances later. At review, the court can determine whether maintenance should continue, change, or terminate based upon the applicable law and circumstances.

Indefinite Maintenance

In appropriate cases, the court may award maintenance without a predetermined termination date. This can be particularly relevant in long-term marriages and situations in which the recipient has limited ability to become financially self-sufficient.

The Law Offices of Tedone & Morton, P.C. can explain the potential advantages and financial consequences of each type of maintenance arrangement. Contact us today to schedule your consultation.

Modifying Alimony in Illinois

Financial circumstances can change substantially following a divorce. A person paying maintenance could lose a job, experience a significant reduction in income, retire, or face other major financial changes. Likewise, the spouse receiving maintenance could obtain substantially higher-paying employment or experience another change affecting the need for support.

Depending upon the terms of the original divorce judgment and maintenance order, it may be possible to seek a modification of alimony or spousal maintenance. If your financial circumstances have changed, do not simply stop paying court-ordered maintenance. An existing order remains enforceable unless and until it is legally modified or terminated.

Our Illinois family law attorneys can review your existing order and determine whether seeking a maintenance modification may be appropriate.

When Does Alimony End in Illinois?

The circumstances under which maintenance terminates depend upon the divorce judgment, maintenance order, and applicable Illinois law. Certain events can potentially result in the termination of maintenance, including the death of either party or remarriage of the spouse receiving maintenance. Cohabitation by the recipient with another person on a resident, continuing conjugal basis can also become an important legal issue.

Disputes involving cohabitation can be fact-specific. If you believe your former spouse's living arrangement could affect your maintenance obligation, or you are receiving maintenance and your former spouse is attempting to terminate it. You should speak with an experienced Illinois family law attorney before taking action.

High-Income & Complex Alimony Cases

Alimony calculations can become more complicated when one or both spouses have substantial assets or income that does not come from a traditional paycheck.

Assist with Maintenance Cases Involving:

• Business owners
• Self-employed individuals
• Executives and professionals
• Bonuses and commissions
• Variable or fluctuating income
• Investment income
• Retirement income
• Multiple sources of compensation
• High-value marital estates

Accurately identifying income can be critical to reaching a fair maintenance determination.

Alimony & Property Division

Spousal maintenance should not always be considered in isolation. The division of marital property can significantly affect each spouse's financial circumstances after divorce. Retirement accounts, real estate, investments, business interests, savings, and other marital assets may all affect each party's financial position.

An effective divorce strategy should consider maintenance and property division together. Our attorneys work with clients to understand the larger financial picture rather than focusing solely on a monthly maintenance payment.

Representing Both Spouses in Illinois Maintenance Cases

The Law Offices of Tedone and Morton, P.C. represents individuals on both sides of alimony disputes. If you are seeking maintenance, we can help present evidence concerning your financial needs, earning capacity, marital standard of living, and contributions during the marriage. If you may be required to pay maintenance, we can help ensure that your income, financial obligations, and other relevant circumstances are properly considered.

Our goal is to pursue a fair outcome consistent with Illinois law while protecting your long-term financial interests.

Speak With an Experienced Illinois Alimony Attorney

Alimony can affect your financial security long after your divorce has been finalized. Understanding your rights and obligations before agreeing to a settlement or appearing in court can make an important difference. Whether you are seeking alimony, contesting a maintenance request, negotiating maintenance as part of a divorce settlement, or seeking to modify or terminate an existing maintenance order, our experienced Illinois family law attorneys are prepared to help.

If you have questions about alimony or spousal maintenance in Illinois, contact the Law Offices of Tedone and Morton, P.C. With convenient offices in Joliet and Plainfield, IL, we represent clients throughout Will County and the surrounding areas in divorce, alimony, child support, property division, and other family law matters.

Call (815) 666-1285 today to schedule a consultation with an experienced Illinois alimony and spousal maintenance attorney.