Security Through Spousal Support
Spousal support, also known as maintenance payments (and formerly known as alimony), is a system designed to enable financial independence to both divorcing parties, in the event that one party has become financially dependent on the other during the marriage. Examples of this are if one party was ill for an extended period of time and unable to work, or if he or she decided to stay home and raise children while the other party continued to work.
At Caesar & Bender, LLP, we have decades of experience helping clients throughout the Chicago area with all divorce matters, including financial matters such as division of property, analyzing high assets and issues related to support.
How Does The Court Determine If Maintenance Is Necessary?
Not all spouses are entitled to maintenance. Illinois courts consider many factors when determining if maintenance is necessary. These factors include, but are not limited to:
- The duration of the marriage
- The income and assets held by each spouse after property division
- The financial needs of each spouse
- Each spouse’s earning potential
- Any impairments that could cause either side to become financially unstable
- All current sources of private and public income
- The age of each spouse
The court may also consider other factors. We will review your specific situation to determine whether spousal support will play a role in your divorce.
How Is Spousal Support Calculated?
If the court determines that maintenance is appropriate in your case, there is a specific formula used by the Illinois courts to determine the guideline amount and duration of maintenance payments. This formula is based on each party’s net income as well as the length of marriage (as of the date that a party filed for divorce). In certain circumstances, the court may deviate from the guidelines regarding support amount or duration. For more specific information about how the maintenance statute may be applied in your case, please schedule a consultation with the attorneys of Caesar & Bender, LLP.