Alimony -- Geneva, IL.

Serving St. Charles, Batavia, Elburn & West Chicago

Spousal maintenance, formerly called alimony, can be one of the more difficult issues to resolve by negotiation. Most people accept that they will lose roughly half of their assets in divorce and that they will pay child support according to the statutory guidelines, however most people don’t want to write monthly checks to their ex-spouse.  Frequently maintenance must be decided by a judge, even when all the other issues have been resolved by agreement.

In 2019, the Illinois maintenance law was modified. It is important to have a qualified family law attorney who can assist you in obtaining or defending a maintenance case. Maintenance is no longer tax deductible by the party paying it and the modification to the maintenance statute has changed the tax ramifications of maintenance.

Determining Alimony & Spousal Maintenance in Illinois

There are 3 kinds of spousal support awarded;

  • Temporary Alimony
  • Rehabilitative Alimony
  • Permanent alimony. 

Temporary alimony is awarded during the divorce proceedings to help the lesser earning spouse cover his or her financial needs until the divorce is finalized. Rehabilitative alimony is awarded until the lesser earning spouse can become financially self-sufficient through increased education or training. Permanent alimony is a set award that remains in place for life unless the receiving spouse remarries.

  • In Illinois, the court determines the necessity and amount of spousal maintenance based on a number considerations including:
  • The income and assets of both spouses
  • Tax consequences from the divorce
  • The expenses of both spouses
  • Current & future earning capacity of both spouses
  • The standard of living during the marriage
  • Length of the marriage
  • If one spouse deferred education or career advancement because of the marriage or parenthood
  • The health of both spouses
  • What would be necessary (education or training) for the receiving spouse to become self-sufficient
  • Whether the receiving spouse is able to work
  • The receiving spouse's contribution to the paying spouse’s education

Determining whether maintenance is warranted and the appropriate amount can be very complicated and many different factors go into a judge’s decision. If your divorce action involves alimony, contact Rutter Family Law LLC. to schedule a free consultation to learn how we can assist you.

How We Can Help You & Your Family

The sooner you reach out to us, the sooner we can discuss your options and how best to help you achieve the results that you need in your situation. To schedule a free consultation, call us at 630.940.9107 or send us an email.

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