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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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DuPage County Spousal Support Attorneys

Addison Spousal Support Lawyers

Lawyers for Maintenance and Alimony Concerns in Elmhurst and Oak Brook

If you are facing the realistic possibility of divorce, it is understandable that you might be feeling confused, overwhelmed, and more than a bit scared and undertain about the future. You are probably wondering what life will be like on your own and if you will even be able to afford everything that you will need. Depending on the circumstances of your marriage and divorce, you might be eligible to receive payments from your ex-spouse in the form of maintenance, but you will need to ask for it.

At Wakenight & Associates, P.C., our experienced divorce and family law attorneys can help you request maintenance in your divorce. With more than 95 years of combined experience, we will work hard to ensure that you have the resources you need to build the happier future you deserve.

Oak Brook Attorneys for Maintenance Issues

Under Illinois law, maintenance refers to money paid by the higher-earning party in a divorce to the lower-earning party on an ongoing basis. Also known as alimony or spousal support, maintenance is intended to limit the financial effects of the divorce on the lower-earning spouse. In previous generations, when a larger percentage of families relied on a single income, alimony was almost a certainty in most divorce cases. Today, however, Illinois law only allows the court to order maintenance when it is necessary for an equitable divorce.

In the absence of an agreement between the spouses that addresses maintenance, the court must determine whether the need for such payments exists. The court will make its determination by considering a number of factors including:

  • Each spouse's current income;
  • Each spouse's age, health, and employability;
  • Each spouse's assets, including property allocated during the divorce;
  • Contributions made by the spouse seeking maintenance to the career of the other spouse;
  • The amount of time necessary for the spouse seeking maintenance to become self-sufficient;
  • Parenting arrangements being made for the couple's children, if any;
  • The length of the marriage; and
  • The standard of living established during the marriage.

If the court determines that a maintenance award is appropriate, Illinois law provides formulas for calculating the amount of the payments and how long the payments will continue.

Tax Laws Affect Spousal Support Cases

On January 1, 2019, a series of federal tax reforms went into effect that will impact divorce cases around the country. For many years, maintenance payments were tax-deductible for the paying spouse and considered taxable income for the recipient spouse. This provided a tax benefit to the payor in the form of reduced taxable income. As of 2019, that is no longer the case. Paying spouses must now pay taxes on the money being paid as maintenance so a different analysis now applies.

The skilled lawyers at Wakenight & Associates, P.C. are ready to apply the new law to help you create a divorce settlement that includes maintenance considerations. If you are the lower-earning spouse, we will work with you to get the money you need to move forward. If you are the higher-earning spouse and are being asked to pay spousal support, we will assist you in minimizing your maintenance obligation.

Schedule a Free Consultation

Contact our office to get the answers you need to whatever questions you may have about maintenance in an Illinois divorce. Call 630-852-9700 for a free consultation today. Our firm serves individuals and families in Elmhurst, Oak Brook, Wood Dale, Hinsdale, Lombard, Addison, Villa Park, Rolling Meadows, Kane County, and DuPage County.

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