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Spousal Support

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Rolling Meadows Spousal Support Lawyers

Going through a divorce can have devastating impacts on your financial security. Learning to live on one income or having to re-establish yourself in your career after investing time in raising a family can prove daunting. At Heckman Law, we understand the challenges you are likely to face, and can advise you on your rights concerning spousal support, maintenance, and/or alimony. As professional Chicago divorce and maintenance attorneys, we have been representing clients in our area and the surrounding northwestern suburbs for more than 10 years. Our trial attorneys represent your interests in court proceedings, helping you get the spousal maintenance and alimony you may be entitled to under the law.   

We Defend Your Rights to Spousal Support and Maintenance in Illinois

Going through a divorce can create upheavals in every area of your life. In addition to the emotional fallout from the break up of your marriage, there are practical financial matters to consider. At Heckman Law, our Chicago maintenance attorneys use their knowledge of the law and their extensive experience in divorce proceedings to defend your rights to spousal maintenance and alimony under Illinois law.

Illinois law (750 ILCS 5/504) provides that when determining whether an award of maintenance is appropriate, the court will consider certain relevant factors surrounding your situation. These include:

  • The length of the marriage and the standard of living the couple enjoyed;
  • The income and earning potential of each of the spouses;
  • The total amount of individual and marital assets the couple has;
  • Whether one of the spouses sacrificed their own career or education for the sake of the other or to raise children of the marriage.

Protecting Your Interests as You Recover from Your Divorce

Spousal maintenance and alimony can help you get the education or training to re-establish yourself in your career and to adjust to single life after your divorce. However, in addition to determining the amount of support and the length of time it is needed, there are other important factors to consider.

Under Internal Revenue Service (IRS) guidelines, maintenance is considered a form of income, although the treatment of maintenance is set to change on December 31, 2018 for orders executed after this date. Our Chicago spousal maintenance attorneys will work with you to determine any potential tax implications you could face and can help strategize the best course of action in your particular case.

Let Our Chicago Maintenance Attorneys Assist You

Our experienced Chicago maintenance and alimony attorneys provide the aggressive legal representation and caring client service you need to protect your rights in your divorce case. Call or contact Heckman Law online today to request a consultation to discuss your situation and how we can assist you.

FAQS About Spousal Support in Illinois

Is There a Formula Used to Calculate Spousal Support?

Yes, Illinois uses a specific statutory formula to calculate maintenance for most couples. The court figures out support by taking a percentage of the paying spouse’s net income and subtracting a portion of the recipient’s net income. Judges can deviate from these guidelines based on each party’s unique financial needs.

How Long Does Spousal Support Last?

The duration of payments typically depends on the total length of your marriage. For marriages lasting less than twenty years, the court multiplies the marriage length by a statutory factor. For marriages of twenty years or more, courts may order permanent maintenance.

Can I Get Temporary Spousal Support While My Divorce is Still in Progress?

Yes, you can request temporary financial assistance while your divorce proceedings are pending. Judges often grant interim maintenance to ensure both spouses can afford their daily living expenses while the legal case remains unresolved.

What Happens to the Spousal Support Agreement if The Paying Spouse Loses Their Job?

If the paying spouse experiences an involuntary job loss, they can petition the court to legally modify the support order. The judge evaluates the reasons for unemployment and the payer’s efforts to find work before approving any financial adjustments.

Does Spousal Support End When the Recipient Spouse Remarries?

Yes, the legal obligation to pay future maintenance ends on the exact date the recipient spouse remarries. The receiving spouse must notify the payer immediately to prevent complicated overpayment issues. While the law does state that legal obligations end on the day of marriage, the payer should not cease payments without court approval to prevent any problems. 

How Does Cohabitation Affect Spousal Support Payments?

If the recipient begins living with another person on a resident, continuing, conjugal basis, spousal support could potentially be terminated or modified. Proving cohabitation requires showing a relationship akin to marriage, which involves shared finances and deeply intertwined lives. It’s important to consult with an attorney to discuss your options.

Contact our office to arrange for a free initial consultation and review of your case.

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Andrea Heckman

Managing Attorney

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