Address 1200 Harger Road, Suite 706, Oak Brook, IL 60523
630-472-9700
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Kathryn L. Harry & Associates, P.C.
630-472-9700

Elmhurst Spousal Maintenance Lawyer

Burr Ridge alimony lawyer

Divorce Attorney Assisting Clients With Determining Spousal Support in DuPage County

When spouses end their marriage in divorce, separating their lives from each other can be a difficult process, and adjusting to a newly single existence can require a shift in schedules and a reassessment of finances. For spouses who make significantly less than their former partner or who have chosen to forego a career in favor of raising children, this change can cause a great deal of stress as they work to build a secure financial foundation in their new lives.

In these cases, it may be appropriate for the spouse who earns a higher income to pay maintenance (formerly known as alimony) to the other spouse. The attorneys of Kathryn L. Harry & Associates, P.C. understand the financial difficulties that divorce can cause, and we will work with you to create a spousal support agreement that provides for your needs.

Factors Affecting Maintenance

In Illinois, the courts have a great deal of discretion in deciding whether it is appropriate to grant maintenance. When making a decision, a judge will weigh several factors, including:

  • The income of each spouse, the property each spouse owns (including marital property granted to them during the divorce), and their financial obligations (including child support).
  • Each spouse's age, health, vocational skills, and needs.
  • The standard of living that the spouses enjoyed during their marriage.
  • Each spouse's current and future earning capacity.
  • Whether the spouse seeking maintenance has a reduced earning capacity because they chose to devote time to domestic duties rather than pursuing education, training, or career advancement.
  • Whether the spouse seeking maintenance is able to financially support themselves, including whether their parental responsibilities may affect their ability to find employment.
  • Whether the spouse seeking maintenance contributed to the education, training, or career advancement of the other spouse.
  • Any prenuptial or postnuptial agreements between the spouses.

Amount and Duration of Maintenance

If a judge decides that maintenance is appropriate, the amount of that maintenance will be determined using a statutory formula. Maintenance is calculated by taking 30% of the paying spouse's gross income and subtracting 20% of the receiving spouse's gross income. However, the sum of the receiving spouse's gross income and the maintenance they receive cannot be more than 40% of both spouses' combined incomes.

The duration that maintenance payments will last depends on the length of the marriage. This duration will be determined as follows:

  • For a marriage of less than five years, maintenance will last for 20% of the length of the marriage.
  • For a marriage of five to ten years, maintenance will last for 40% of the length of the marriage.
  • For a marriage of 10-15 years, maintenance will last for 60% of the length of the marriage.
  • For a marriage of 15-20 years, maintenance will last for 80% of the length of the marriage.
  • For a marriage of more than 20 years, maintenance will last for the length of the marriage, or it will be permanent.

Contact a Burr Ridge Spousal Support Attorney

If you believe you should receive maintenance from your spouse after your divorce, the attorneys at Kathryn L. Harry & Associates, P.C. can help you make the case that this support is appropriate, allowing you to build a financial foundation for yourself as you move on to this new phase of your life. Contact an Oak Brook divorce lawyer at 630-472-9700 to schedule a free consultation. We serve clients in Wheaton, Downers Grove, Westmont, Willowbrook, and surrounding areas.

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