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Category Archives: Spousal Maintenance

Illinois alimony lawyersAlimony is meant to provide a disadvantaged party with the financial resources they need to recover after a divorce but it can be a burden for the paying party. In fact, many rely on the tax break they receive at the end of the year to even out the expense. Sadly, that tax could be eliminated if the GOP bill tax bill is passed by the Senate, as is. Learn more about how its passage could impact you in divorce and what an experienced attorney can do to help.

The GOP Bill and Divorce

As of right now, paying parties can claim their alimony as a tax deduction. This not only reduces the individual’s tax load at the end of the year, but it also helps to keep more money in the family unit. If eliminated, it could increase the risk of divorce-induced poverty among already at-risk families, such as those classified as low to middle income by the government.

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Illinois divorce lawyersAlthough alimony is far less common than it once was, it is still a factor in divorces today. Under what circumstances is alimony awarded, and how can you tell if you may be entitled to it in your Illinois divorce case? The following information explains, and it provides you with some details on why and how the assistance of an experienced family law attorney can help.

Alimony in an Illinois Divorce

Despite the common misconception, alimony is not awarded in divorce, simply because one asks for it. Instead, there are certain factors that the courts use to determine if a party may be eligible, including:

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DuPage County alimony lawyersAlimony, though less common now than it once was, is still awarded in some divorce cases. More specifically, it may be awarded to a disadvantaged spouse – an individual that earns less money than their spouse, or one that has given up their career, education, or employment to take care of the home or children. Stay-at-home fathers are included in this definition. Learn more about your right to pursue spousal support in an Illinois divorce, including how an experienced divorce lawyer can help improve your chances of a favorable outcome.

Gender No Longer a Determining Factor

Not long ago, alimony was awarded mostly to stay-at-home moms and women that did not work outside the home. With family structures changing, and more women serving as the primary or sole breadwinner these days, the gender bias for alimony no longer exists. In fact, statistics indicate that some 40 percent of wives now earn more than their husbands, and the pursuit of alimony among men is becoming more and more common.

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Illinois alimony attorneysSpousal support, though less frequently awarded in divorce than it used to be, is still an option for disadvantaged spouses. However, many things have changed over the last few years. For example, more women are the primary breadwinners in their families, so more men are pursuing spousal support. Another major difference is that the formula for calculating alimony changed back in 2015. Discover how to tell if you may be eligible for spousal support, and how it is calculated in an Illinois divorce today.

Are You Eligible for Spousal Support?

Despite the common misconception, alimony is not always awarded, just because it is requested. Instead, spouses who wish to receive alimony must fit a few criteria before they are considered eligible by the courts. For example, the courts may award alimony when:

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DuPage County family law attorney, spousal maintenance agreementsIn many divorce cases, the parties are able to agree upon spousal maintenance and the terms of the arrangement are entered into the final dissolution of marriage order. Under Illinois law, the agreement is binding on the parties, but it can be modified under certain circumstances. At times, it may be necessary and appropriate to make changes, as many life-changing events can occur after the divorce is finalized. The ex-spouses must look to the specific terms of the agreement to determine whether it can be modified. Hence, it is important to consult with an Illinois spousal maintenance attorney before you sign.

Agreements Regarding Modification

The terms of a spousal maintenance agreement typically cover the amount one spouse pays to the other, how often, and whether there are any events that would cause maintenance to terminate. In addition to payment basics, a divorcing couple can also include different types of modification provisions in their spousal maintenance agreement:

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Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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