When a couple decides to pursue a divorce, the complications that can accompany a separation can be daunting. Most notably, sorting through the financial aspects of a divorce can be incredibly nuanced. In many marriages, one spouse brings in a disproportionate amount of collective income. In the vast majority of instances, this is due to the fact that one parent spends more time at home taking care of the children. When the divorce is finalized, the spouse with less income often is left to wonder how they will live a financially sustainable lifestyle. Fortunately, a person can secure spousal maintenance in order to live securely post-divorce. Below we will discuss how spousal maintenance is calculated in Illinois, and how an attorney can assist you throughout the process of securing the maintenance you deserve.
Spousal maintenance is simply when one spouse is making payments to the other spouse after the divorce. When seeking fair spousal maintenance, from your former spouse, it is important to understand how maintenance is calculated in the state of Illinois. First and foremost, the income of both spouses is considered. According to a recent state law change, the payment is calculated based on a calculation that takes 20% of the payee’s income, subtracted from 30% of the payor’s income. The final calculation will then be added to the payor’s total income. The payment will be solidified as long as the payment plus the payor’s income does not equal more than 40% of the total income of both parties.
In order to dictate how long the spouse will have to pay spousal maintenance, the state will look at how long the couple was married. A person that was married for two years will receive spousal maintenance payments for a much shorter period than a couple that was married for over a decade. For more information on how these payments are calculated, speak with a competent legal professional.
If you are ordered to pay spousal maintenance, an attorney can help ensure that the calculations are correct. If a change occurs in either your income or the income of your spouse, your attorney can assist you in pursuing a modification to the spousal maintenance payment plan.
At J. Aldrich Law, P.C., our firm is dedicated to helping clients as they navigate the divorce process. As you deal with the emotional implications of a separation from your spouse, we will handle the financial aspects of the divorce. To schedule a complimentary initial consultation with a skilled Naperville family law attorney, call us today at 630-953-3000.