Roberts, P.C.

Call Us630-668-4211

104 E. Roosevelt Road, Suite 202, Wheaton, IL 60187

Wheaton Spousal Support Lawyer

Burr Ridge divorce and alimony attorney

Attorney Helping Determine Alimony Obligations in Oak Brook, Burr Ridge and Hinsdale

Following the decision to end a marriage in divorce, spouses often struggle to adjust to their changing circumstances as they work to divide their combined household into two separate lives. This can be especially challenging when one spouse earns a higher income than the other. In some cases, the spouse who earns less may be able to receive financial support (known as alimony, spousal maintenance, or spousal support) from their former partner.

At Roberts, P.C., we have worked with spouses in a wide variety of divorce cases, including those involving high net worth, and we can help spouses resolve issues related to spousal maintenance in a way that protects their financial security. Attorney Chuck Roberts can help you understand your rights and advocate for your interests, helping you achieve a positive outcome to your divorce case.

Determining the Amount and Duration of Spousal Maintenance

Under Illinois law, maintenance is based on the income earned by both spouses. The amount of spousal support payments is calculated by subtracting 20% of the recipient's gross annual income from 30% of the payor's gross annual income. However, after the amount of maintenance is added to the recipient's gross income, the total cannot be higher than 40% of the spouses' combined annual income.

The payor will be required to make alimony payments for a certain length of time, depending on how long the parties were married. The duration of maintenance payments will be determined using a specific percentage of the length of the marriage, with the percentage being based on the number of years the marriage lasted.

Notably, Illinois law states that these methods for determining the amount and duration of spousal support apply to marriages in which the spouses earn a combined gross annual income of less than $500,000. For cases in which the parties earn more than this amount, a judge will award what they determine to be reasonable maintenance after considering all relevant factors.

Factors Affecting Maintenance Awards

When determining whether one party is eligible to receive spousal support from the other in a divorce case, a judge will consider a number of factors, including:

  • Income earned and property owned by each party.
  • The standard of living enjoyed by the parties during their marriage.
  • Each party's relevant circumstances, such as their age, health, earning ability, and needs.
  • Whether the recipient's present and future ability to earn an income was negatively affected by their decision to pursue family responsibilities in favor of career opportunities.
  • Whether the recipient assisted the payor in furthering their career by providing services or contributing to their education or training.
  • The amount of time the recipient will need to pursue education or training that will allow them to support themselves financially.
  • Each party's tax consequences for decisions made regarding the division of marital property.
  • The terms of any prenuptial or postnuptial agreement between the parties.

Contact a DuPage County Spousal Maintenance Attorney

Determining the correct amount of spousal support can be a complicated matter, especially in divorce cases in which one or both parties earn a large income. At Roberts, P.C., we make sure to fully consider all aspects of a couple's finances during divorce, and we can help you ensure that your maintenance award is determined fairly, allowing you to maintain financial security in your post-divorce life. Contact our Naperville divorce attorney at 630-668-4211 to arrange a free consultation. We provide legal help for clients in Oak Brook, Glen Ellyn, Hinsdale, Carol Stream, Glendale Heights, Burr Ridge, and throughout DuPage County and Kane County.

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