Kane County Spousal Maintenance Attorney

Lawyer Helping Clients Determine Eligibility for Spousal Support During or After Divorce

When a couple decides to end their marriage through divorce, the ensuing changes to their lives can cause a great deal of uncertainty and anxiety, especially when one spouse worries that they will have difficulty supporting themselves and their family. However, when there is a significant difference between the incomes that spouses earn, or when one spouse's earning ability is impaired because they chose family obligations over career advancement, the law allows them to seek financial support (known as spousal maintenance, spousal support, or alimony) from their former partner.

At Swearingen Law Offices, we work to help our clients understand the statutes governing divorce in Illinois, ensuring that the amount and duration of spousal maintenance are determined correctly in each individual situation. With more than 38 years of experience representing divorcing clients, Attorney Brad Swearingen can provide you with the guidance and advocacy you need as you work to reach a resolution that will protect your financial security after your divorce is completed.

Spousal Maintenance in Illinois

When a spouse is eligible to receive maintenance following divorce, the amount of maintenance is determined by a formula defined in Illinois statutes. Maintenance is found by calculating 30% of the higher-earning spouse's gross income, then subtracting 20% of the lower-earning spouse's gross income. The resulting amount, when added to the lower-earning spouse's gross income, cannot be greater than 40% of the spouses' combined gross incomes. The duration that maintenance payments will last will depend on the length of the spouses' marriage.

While the calculation of the amount and duration of spousal support uses a standard formula, determining whether a spouse is eligible to receive maintenance is less straightforward, and the final decision over whether to grant maintenance is left up to the court. When determining whether a spouse should receive maintenance, courts will consider several factors, including:

• The income each spouse earns and the property they own, including the marital property allocated to the spouses during divorce and the tax consequences of that allocation.
• Each spouse's age, health, income sources, vocational skills, earning capacity, liabilities, and financial needs.
• Any impairment to the earning ability of the spouse who is seeking maintenance because they devoted time and energy to domestic duties instead of pursuing education or career advancement.
• The time the spouse who is seeking maintenance will need to obtain education or pursue employment.
• How the parental responsibility and parenting time allocated to the spouse seeking maintenance will affect their ability to find and maintain employment.
• Any contributions which the spouse who is seeking maintenance made toward the other spouse's education or career advancement.
• Any agreements spouses have made, such as a prenuptial agreement.

Contact an Aurora Spousal Support Attorney

After divorce, both spouses should be able to maintain a standard of living similar to what they enjoyed during their marriage. At Swearingen Law Offices, we will take the time to fully examine spouses' finances to ensure that maintenance is calculated correctly and that our clients have the financial resources they need as they move on to the next phase of their lives. Contact a Kane County divorce lawyer today at 630-820-8877 to schedule a consultation. We serve clients in North Aurora, Batavia, Naperville, West Chicago, Montgomery, and throughout Kane, DuPage, and Kendall Counties.