Alimony And Maintenance Lawyers In Wheaton, Illinois

Aggressive Spousal Support Attorneys in DuPage County

Until recently, spousal support was almost entirely a matter of judicial discretion, both in terms of the amount and frequency of payments. A number of states have either reformed their spousal maintenance systems or are considering doing so, and the Illinois is in this group. Effective January 1, 2015, the state legislature significantly overhauled Section 504, and the changes may significantly impact you and your family.

Alimony is a part of asset distribution, and at the Law Offices of Salvatore C. Miglore & Associates, we understand that a fair property division is not always the same thing as an equal division. Divorce should not be an undue financial hardship for either spouse, and reasonable spousal maintenance is a good way to help meet that goal.

The court can grant either temporary permanent maintenance. Although the law has changed, the judge still has a considerable amount discretion when setting the type, duration and amount of alimony. Specifically, the court can consider:

• The financial needs, income, property, and future earning capacity of each spouse,
• Any non-marital property awarded to the spouse requesting alimony,
• The time it will take the spouse seeking alimony to obtain the education, training, and employment necessary to become self-supporting,
• A decision to delay or give up education, training, employment, or career opportunities because of the marriage,
• The standard of living established during the marriage,
• Age, physical, and emotional health of the spouses (the payor spouse's retirement may not automatically end maintenance payments),
• Length of the marriage,
• The tax burden on the spouses, and
• Any agreement between the parties.

Additionally, the court can consider any factor it believes to be relevant and equitable; however, the judge may not consider adultery or other fault. Maintenance can be modified if there is a substantial change in circumstances, or if the payee spouse remarries or cohabitates.

If the parties’ joint income is less than $250,000, certain presumptions apply as to the amount and duration of payments. The formula is rather complicated. To determine the amount, the court takes 30 percent of the payor’s gross income and subtracts 20 percent of the payee’s gross income. The resulting award cannot be greater than 40 percent of the parties’ combined income. The duration is tied to the length of the marriage. If the parties were married over 20 years, the court has the discretion to award lifetime spousal support.

Assume a couple divorce after 10 years of marriage. One spouse earns $100,000 per year, and the other earns $50,000. The second spouse is entitled to $20,000 per year in spousal maintenance ($30,000 minus $10,000). Under 504(b-1)(1)(B), the payments last six years (60 percent of the marriage).

The judge can deviate from the guidelines under some circumstances. Assume the couple lived rent-free in an upscale rental property owned by her father. Since one spouse will continue living rent-free and the other has to find another house or apartment, the judge may increase the amount or duration of payments, if there is evidence that the change is necessary to compensate for the diminished standard of living.

A fair alimony award balances both the payee spouse's needs and the payor spouse's means. For a free consultation with an attorney committed to an equitable property distribution, contact the Law Offices of Salvatore C. Miglore & Associates at (630) 933-8400. We routinely handle family law matters in Cook, DeKalb, Kane, Kendall, Will, McHenry, Lake and DuPage Counties.