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Tag Archives: alimony in Illinois

Illinois alimony attorneysAlimony, otherwise known as spousal maintenance, is not routinely awarded in Illinois. However, it is an element in some divorce cases. Learn how determinations regarding alimony are made, including how long you can expect to receive payments, and discover how a seasoned divorce lawyer can help you pursue the most favorable outcome in your case. 

Illinois’ Statutory Guidelines on Alimony 

Most of the time, family courts use a set of statutory guidelines to determine the amount and duration of alimony payments. While the court may deviate from these rules, they must either provide a valid reason for doing so, or the combined annual income of the parties must amount to more than $500,000. In those instances, the court may weigh several factors to determine the amount and duration of alimony payments (i.e. the length of the marriage, contributions of each party to the marital estate, ability to work, education, etc.). Otherwise, an alimony award is usually determined using a two-step process. 

  • The amount of alimony to be paid each year is determined by subtracting 20 percent of the receiving spouse’s gross income from 30 percent of the paying party’s gross income. 
  • The duration that alimony should be paid is determined by multiplying the years of marriage by a specific percentage (based on the number of years the parties were married). The product of the equation is the number of years that alimony will be paid. 

In 2018, the courts changed the multiplying factors used to determine the duration of spousal support, which has resulted in some parties receiving alimony for a shorter amount of time. These new percentages are as follows: 

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Illinois divorce lawyersTaxes, though not often discussed, are a critical element in almost every divorce, and they are especially important when alimony may be owed. Thanks to the new Tax Code and Jobs Act, everything about alimony and taxes will change, come the start of 2019. Find out how and discover what it could mean for your Illinois divorce in the following sections. 

The New Tax Law and Divorce - An Overview

While the new tax law may not affect all divorces, it is likely to have a significant impact on cases involving alimony. Parties who pay support and complete their divorce after December 31, 2018, will no longer receive a tax deduction at the end of the year, and receiving spouses will no longer be required to pay taxes on the alimony they receive. At first glance, this might seem like a benefit for the family, but appearances can be deceiving. 

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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 attorneys, alimony in IllinoisIn Illinois, when a couple divorces and one spouse is left economically disadvantaged, a judge may award that spouse maintenance, otherwise known as alimony. The length and amount of alimony depends on a number of factors dictated by law, and depending on the facts of the marriage, a judge can award different types of alimony to a spouse.

Illinois Alimony Law

Under 750 ILCS 5/ the Illinois legislature defined what types of alimony payments are available during and after a divorce. The law provides for temporary maintenance during the course of the divorce proceedings. In addition, a judge can award rehabilitative alimony, reviewable maintenance, or permanent alimony to a spouse after the divorce is finalized.

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The Impact of Infidelity on Alimony in Illinois

One of the most hotly contested aspects of divorce proceedings is alimony, also known as spousal support. The process of coming to an agreement on how much, if anything, one spouse must pay the other spouse following divorce forces spouses to examine their respective contributions to the marriage.

With two-earner households as the norm, the process of teasing out how much each spouse contributed, both financially and through their responsibilities in the home, can be intensely complicated. Throw in sacrifices made by one spouse to support the wellbeing of the whole family, such as working two jobs to put the other spouse through school or training, and the balance required by alimony becomes even harder to strike.

Alimony is a device used under Illinois law to ensure that when spouses part ways, they are on relatively equal ground financially. Because marriage is a joint venture, in which couples share the burden of financial hardship and the benefit of economic success, the end of a marriage is viewed by judges as an opportunity to ensure that fairness is achieved through the process.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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
Phone630-580-6373
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, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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