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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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Oak Brook divorce lawyers

In today’s world, most married couples rely on two incomes to live comfortably. Getting a divorce means you are no longer using two incomes to pay bills, as you will have to make ends meet with your paycheck alone. For some, this may not be a big deal, but for others, it can make supporting themselves very difficult. This is where spousal maintenance comes in. 

Also known as spousal support or alimony, spousal maintenance is ordered by a judge and is typically used to allow both spouses to continue the same quality of life they had when they were married.

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Hinsdale spousal maintenance attorney At the beginning of 2019, some significant alteration to federal and state divorce laws went into effect. These changes impact spousal maintenance, previously known as spousal support or alimony in Illinois. Spousal maintenance is a recurring payment from one former spouse to another after a divorce , typically provided by the higher-earning individual for a determined period of time. It allows a lesser-earning ex-spouse time to build a new life on their own. The duration that spousal maintenance is paid largely depends on the length of the marriage.

Eligibility for Spousal Maintenance 

A judge will consider various factors when determining whether to award alimony to a spouse, including:

  • Each spouse’s income, property, needs, and earning capacity
  • the standard of living achieved while the couple was married
  • Any contributions of an ex-spouse to the education and career of the higher-earning former partner
  • the time a maintenance recipient needs to obtain education, training, and employment to support themselves in full.
  • the tax impact of property division in the couple’s divorce decree.

Spousal Support Changes in 2019

Changes to 750 ILCS 5/504 dictate that for divorce s completed on or after January 1, 2019, the amount of spousal support payments will be calculated by subtracting 25 percent of the recipient’s net income from 33.3 percent of the payor’s net income. this differs from the previous model, in which 20 percent of the recipient’s gross income was subtracted from 30 percent of the payor’s gross income. 

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