Deerfield Spousal Support Lawyer

Spousal Support Lawyer Deerfield

Going through a divorce brings a wave of uncertainty, and one of the most pressing concerns for many is financial stability. At Hammer Serna & Quinn, LLC, we understand the anxieties that Deerfield residents face when questions about spousal maintenance arise. Our dedicated family law attorneys are here to provide clear, reliable guidance and protect your financial well-being. We will help you navigate this issue with compassion, so you can move forward with a sense of security.

What is Spousal Maintenance?

Spousal maintenance, also known as alimony or spousal support, is a court-ordered payment from one spouse to the other following a divorce. It is not awarded in every case. The purpose of maintenance is to help the lower-earning spouse become financially self-sufficient and to address significant income disparities that may have resulted from decisions made during the marriage, such as one partner leaving the workforce to raise children. Whether you may be paying or receiving support, our role is to ensure any outcome is fair and just.

How is Spousal Maintenance Calculated?

In Illinois, courts first decide if a maintenance award is appropriate by looking at many factors. These include the needs of each spouse, their realistic earning capacities, the standard of living during the marriage, and the duration of the marriage.

If maintenance is deemed appropriate and the couple’s combined gross annual income is under $500,000, Illinois law provides a guideline formula to calculate the amount:

• The Formula: (33.3% of the paying spouse’s net income) – (25% of the receiving spouse’s net income) = Annual Maintenance Amount.
• The Cap: The recipient’s total income, including the maintenance, cannot exceed 40% of the couple’s combined net income.

This formula provides a starting point, but a judge can deviate based on the specific circumstances of your case. Our attorneys will help you understand how these factors apply to your situation, ensuring all income and financial details are accurately presented.

How Long Does Spousal Maintenance Last?

The duration of maintenance payments in Illinois is directly linked to the length of the marriage. The law provides specific multipliers to determine how long support will last. The longer the marriage, the longer the duration of the maintenance award.

For example:

• Marriage of 5 years: The duration is typically 20% of the length of the marriage (1 year).
• Marriage of 10 years: The duration is typically 40% of the length of the marriage (4 years).
• Marriage of 20 years or more: The court has the discretion to order maintenance for a period equal to the length of the marriage or to award it indefinitely.

Maintenance generally ends if the recipient remarries or cohabitates with a new partner in a marriage-like relationship. It can also be updated if there is a substantial change in circumstances for either party, such as a job loss.

Secure Your Financial Footing with Trusted Advice

The laws surrounding spousal maintenance are complex, and the outcome can have a lasting effect on your life. You do not have to face this process alone. The team at Hammer Serna & Quinn, LLC is here to listen to your concerns, explain your rights, and advocate for your financial interests.

If you are a Deerfield resident facing divorce, contact us today for a confidential consultation. Let us provide the support and guidance you need to protect your future.