Alimony (Maintenance) And Spousal Support
Maintenance, also known as alimony and as spousal support, is the financial support paid from one spouse to the other following a divorce. The purpose of maintenance is to enable a spouse who is not capable of supporting him- or herself to continue to have the lifestyle to which he or she became accustomed during the marriage. The Illinois maintenance statute requires the court to consider a number of different factors to determine if an award of maintenance is appropriate. If the court deems that maintenance is warranted, the next step is calculating the amount and duration of maintenance.In January 2016, the Illinois legislature enacted a statute which provides a formula for calculating the amount and duration of maintenance. In cases where the parties’ combined gross income is less than $500,000, the Illinois maintenance statute provides a formula to determine the amount and duration of maintenance. However, under certain circumstances, a judge may deviate from the statutory formula. In cases with a combined gross income of $500,000 or more, the court has broad discretion in determining the amount and duration of maintenance. Following an award of maintenance, a number of different factors can impact the amount and duration of maintenance, including loss of employment, changes in either party’s income, remarriage, cohabitation and death.
Our spousal support attorneys are extremely well-versed in maintenance-related issues. We will thoroughly analyze the lifestyle, income, cash flow and tax consequences of our clients to achieve an optimal result that protects their financial future.
Based on changes to federal law that became effective January 1, 2019, new maintenance orders are no longer deductible by the payor or taxable to the payee. This does not apply to modification situations of maintenance awarded before 2019.
Who Has to Pay Alimony or Spousal Support in a Divorce Case?
In Illinois, the spouse with the most income pays for alimony (also sometimes called spousal support or maintenance). However, alimony is not guaranteed in Illinois. The courts consider the ability to earn in the present, the ability to earn in the future, the need to care for young children, and the distribution of property in a divorce case involving alimony. In Lake County, Illinois, the judges usually apply a statutory formula. The statutory formula determines the amount of alimony that’s going to be paid. If the formula says no alimony, then there will be no alimony…Read More
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