Experienced Wheaton Attorneys Addressing Spousal Maintenance Issues
In Illinois, spousal support (or alimony) is referred to as “maintenance” in Chapter 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Entitlement to maintenance is decided in a divorce proceeding or legal separation. At Beck & Houlihan, P.C., we have successfully represented many clients in maintenance cases. Our attorneys are widely respected and committed to providing compassionate legal guidance when you need it most. Each of our attorneys has extensive trial experience and will aggressively advocate for you in court when necessary.
Spousal Maintenance in Illinois
Courts in Illinois can grant either a temporary or permanent maintenance award for either spouse and for a duration that depends on the length of the marriage. In doing so, the court cannot take into account marital misconduct, but it must consider relevant factors such as:
- The income and property of each party (including marital property and non-marital property)
- The needs of each party
- The present and future earning capacity of each party
- Any impairment of earning capacity of the party seeking maintenance due to devoting time to domestic duties, having delayed education, training, employment, or career opportunities due to the marriage
- Any impairment of the earning capacity of the party against whom maintenance is sought
- The time necessary for the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party can support themselves through appropriate employment (or, if the party has child custody, employment may not be appropriate)
- The effect of any parental responsibility arrangements and its effect on a party’s ability to seek or maintain employment
- The standard of living (economic lifestyle) established during the marriage
- The duration of the marriage
- The age and physical and emotional condition of both parties
- The tax consequences of the property division on the respective economic circumstances of each party
- The contributions and services by the party seeking maintenance to the education, training, career, or license of the other spouse
- Any valid agreement entered into by the parties (for example, one spouse waiving maintenance when divorce is finalized)
- Any other factor the court finds relevant in order to be just and equitable
In awarding either temporary or permanent maintenance, the court takes into account the length of the marriage, however, if the spouse receiving maintenance remarries or, in some circumstances, cohabitates with someone else and relies on them to meet their financial needs, the maintenance will end. Prior orders for maintenance can also be reviewed and adjusted.
Changes to Illinois Alimony Laws
On Jan. 1, 2016, the Illinois Marriage and Dissolution of Marriage Act was amended, making changes to alimony and maintenance standards. The process for allocating marital property and awarding alimony was updated. The courts now have to provide reasons for the allocations made to both parties. Also, the statute provides a formula to calculate maintenance and its duration.
Contact Our Experienced Wheaton Alimony Attorneys
The skilled attorneys at Beck & Houlihan, P.C., are well-versed in all areas of family law and can help you find balance during any difficult process that involves proceedings for divorce or maintenance. We offer valuable services to clients in DuPage, Cook, Kane, and Will counties. Reach out online or contact us at 630-398-3185 today.