Elmhurst Spousal Maintenance 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.