Maintenance and Alimony Lawyers in Will County
Divorce Attorneys Serving Naperville and Bolingbrook
In any divorce situation, there will be challenges. At the Davi Law Group, our team of skilled legal professionals works hard to help our clients meet and overcome those challenges throughout the divorce process. We are equipped to handle the most sensitive of issues relating to spousal maintenance, as we strive to find solutions that are both fair and sustainable. At every step, we are committed to meeting the needs of our clients and advocating for their best interests.
Divorce litigation can be both expensive and time-consuming, not to mention stressful. Although we recognize its necessity in many situations, and are fully prepared to fight for you in court, amicable negotiations are preferable whenever possible. At the negotiating table or in the courtroom, our attorneys will work toward a favorable outcome to your case. Along with his experienced team, Attorney Dion U. Davi is dedicated to providing Will County clients with high-quality legal representation in spousal support and alimony concerns, both in accordance with statutory guidelines and by individual agreements.
Spousal Maintenance Guidelines in the Law
In Illinois, the provisions concerning spousal support, sometimes called alimony in other jurisdictions, are found in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504). Based upon consideration of the circumstances, the court may decide to grant or deny maintenance award. The law specifies a formula for calculating support payments based on the parties’ gross income and the length of the marriage. Specifically, in most cases where the combined gross income of the divorcing partners is less than $250,000, the amount of maintenance to be paid will equal 30% of the paying spouse’s gross income minus 20% of the recipient’s gross income. The resulting payment, however, when added to the payee’s gross income cannot total more than 40% of the parties’ combined income.
The expected duration of support payments is calculated by multiplying the length of the marriage by:
- .20 for marriages of 0-5 years;
- .40 for marriages of 5-10 years:
- .60 for marriages of 10-15 years; and
- .80 for marriages of 15-20 years.
For marriages lasting 20 years or more, a maintenance award will equal the years of marriage or may be permanent. As an example, if your marriage lasted for 16 years, maintenance payments would last for 12.8 years, or 16 multiplied by .80. These calculations can be confusing and our attorneys can help you understand their applicability to your situation.
There are several types of agreements that may designate specific maintenance responsibilities. These include a prenuptial or postnuptial agreement, a legal separation agreement, and a negotiated divorce decree. You and your spouse may formally agree upon spousal support in one of several different forms, including:
- Rehabilitative Maintenance: Support for a designated period of time to allow the recipient to gain financial independence;
- Reviewable Maintenance: Support for a specified period of time with expected reviews to determine the financial status of the recipient, upon which decisions for termination, extension, or modification are based;
- Permanent Maintenance: Support awarded until a specified terminating condition is met, such as death, remarriage, or retirement; and
- Non-Determinative/Indefinite Maintenance: Support granted without included reviews or conditions for termination or modifications.
Tax Liabilities for Maintenance/Alimony
As with most financial concerns, the payment or receipt of spousal maintenance can impact the tax responsibilities of both parties. In most cases, the payor is able to deduct the amount from taxable income, while the payee is generally taxed on the payments received. If child support is also part of the divorce agreement, it can be combined with maintenance payments to take advantage of available tax considerations as "unallocated maintenance." At the Davi Law Group, our attorneys understand how to draft agreements in compliance with IRS regulations to find the most advantageous solution to your situation.
For a free, no-obligation evaluation of your case, contact our Joliet office today. At the Davi Law Group, we take pride in our commitment to client service and look forward to helping you with spousal maintenance concerns, as well as any other family law matters. With five convenient office locations, we proudly serve Will County and the greater Chicago area. Financing options are available.