630-393-3111
4200 Cantera Drive, Suite 200 | Warrenville, IL 60555
Naperville, IL Spousal Maintenance Attorneys
Spousal Support Lawyers Serving DuPage, Kane, Kendall, and Will Counties
At Calabrese Associates, P.C., we understand both parties may have questions, fears, and concerns regarding personal finances post-divorce. The decision to end a marriage is one that is incredibly personal and, in most cases, very difficult. The process itself can be stressful and expensive, costing a great deal of both time and money. This makes spousal maintenance a necessary consideration during divorce proceedings. Our knowledgeable team is prepared to help ensure fair spousal support is determined.
Legal Counsel for Alimony Proceedings
Once known as alimony, spousal maintenance is an option available in divorce proceedings to help alleviate the financial impact on a disadvantaged spouse. Arrangements for spousal support can be included in prenuptial and postnuptial agreements, or they can be negotiated into an amicable divorce settlement. While a mutual agreement is preferable to litigation, our attorneys realize sometimes it is necessary to place such matters in the hands of the court.
In determining whether to award spousal maintenance, Illinois law requires the court to take into account all relevant factors regarding the marriage and divorce, including:
- Each spouse's resources and needs;
- The contributions of each spouse to the marriage and the other's career;
- Property allocated as a result of the divorce;
- The time needed for the spouse seeking maintenance to become self-sufficient;
- The impairment of either spouse's earning capacity due to marital or familial duties;
- The length of the marriage and established standard of living; and
- The age, health, occupation, and training of each spouse.
Whether you are seeking an order of spousal maintenance or your spouse is asking for support, we are ready to help you build your case. We advocate on your behalf to ensure your rights and financial security are protected.
Complex Spousal Maintenance Considerations
If the court decides maintenance is appropriate, the next step is to determine the amount to be paid and the length of time for which payments will continue. The law provides a standardized formula to be used in most cases which calculates the payment amount based on the income of each spouse. Specifically, for couples with a combined income of less than $250,000 and no multiple-family situations, the amount of support to be paid will be 30 percent of the payor's gross income minus 20 percent of the recipient's gross income. The amount of support added to the recipient's income may not total more than 40 percent of the couple's combined income.
The duration will usually be based on the length of the marriage, with longer marriages resulting in relatively longer orders. The law provides a sliding scale to be used in most cases. More complicated scenarios, including high net-worth divorces or spouses with child support or financial obligations from previous relationships, must be handled on a case-by-case basis. No matter your situation, our attorneys will work with you in pursuit of a favorable outcome.
Contact Our Skilled Illinois Attorneys
For more than 20 years, Calabrese Associates, P.C., has provided quality legal services to family law clients in and around Kane, DuPage, Will, and Kendall Counties. If you have questions about spousal maintenance or any other aspect of the divorce process, contact our office today. We will review your case and help you understand your available options. Call 630-393-3111 to schedule an introductory consultation and put our experience to work for you. Se habla español.