Determining Spousal Maintenance

Upon the dissolution of your marriage, you are splitting one household into two. The life that you are used to will be disassembled and both of you will need to rebuild. In some cases, the courts award provision to one spouse to help get this new life started. At Ann O'Connell Law, Ltd., we guide our clients through the process, and negotiate and fight for their best interests.

Understanding Spousal Maintenance Equations

Illinois courts use a formulaic approach when determining maintenance awards — or alimony payments. Recent federal tax reform legislation has changed the impact of alimony payments on each spouse.

Illinois guidelines determine the length of maintenance based on the length of the marriage.

Considering All Possible Factors

While this formula is the basis for calculating the amount, the court may consider other factors when deciding if an award is needed and how long the award will be paid out.

Common factors considered include:

  • Length of marriage
  • Age of individual seeking support
  • Education level of the individual
  • The ability of the individual to be self-supporting
  • Income, assets and net worth of both spouses
  • Nonmarital property of the individual
  • Standard of living during the marriage

The need, amount and length of the award are based on your current situation. If the circumstances of either party change, it is possible to seek an adjustment of the award status. Our attorney can help you pursue those changes.

Advocating For Your Future

If you have questions regarding the award process or would like to modify a spousal maintenance agreement, contact us today. Call our Evanston office at 847-859-5453 to speak with our experienced spousal support lawyer today. We serve families in Cook County and Lake County.