Arlington Heights Spousal Support Attorney

Advocating on Your Behalf and Looking After Your Interests

Before your divorce can be finalized, the issue of spousal support – also known as maintenance or alimony – must be considered. You and your spouse may reach a reasonable agreement on your own, or the court will be required to determine if an award for spousal support is appropriate. In the event that the decision is left to the court, it must also establish how much is to be paid and for how long payments are to continue. Whether you are seeking spousal maintenance, or your soon-to-be ex-spouse is seeking support from you, Attorney Nicholas W. Richardson is prepared to advocate on your behalf. He can help you understand the legal issues involved, as well as the potential tax implications of any maintenance award.

Palatine Alimony Attorney

In the absence of a valid agreement between you and your spouse, the court must consider the circumstances of your marriage and divorce in deciding whether to award spousal support to one party. The Law Office of Nicholas W. Richardson, P.C. can assist you throughout the process, and we will work with you in presenting your case to the court. According to Illinois law, the court must take into account a number of contributing factors, including but not limited to:

• Length of the marriage;
• Lifestyle and standard of living created by the marriage;
• Age, occupation, and earning capacity of each spouse;
• Contributions of the party seeking maintenance to the earning capacity of the other party;
• Likelihood and time needed for the party seeking maintenance to become financially independent;
• Marital property allocated to each party; and
• How custody arrangements for the parties’ children may affect the ability of each spouse to earn income.

Amount and Duration of Spousal Support Awards

If the court finds spousal maintenance to be appropriate, the next step is to determine how much is to be paid and for how long. For most couples with a combined gross income of less than $500,000, the law provides a formula for calculating both the amount and duration of a support award. The amount of the award is to be found by taking 33 and 1/3 percent of the payor’s net income minus 25 percent of the receiving party’s net income. The resulting amount plus the payee’s income may not exceed 40 percent of the couple’s combined income.

The duration of the award is determined using a sliding scale based upon the length of the marriage. The length of the marriage is to be multiplied by a factor of:

• .20 for a marriage of 0-5 years;
• .24 for a marriage of more than 5 years but less than 6 years;
• .28 for a marriage of more than 6 years but less than 7 years;
• .32 for a marriage of more than 7 years but less than 8 years;
• .36 for a marriage of more than 8 years but less than 9 years;
• .40 for a marriage of more than 9 years but less than 10 years;
• .44 for a marriage of more than 10 years but less than 11 years;
• .48 for a marriage of more than 11 years but less than 12 years;
• .52 for a marriage of more than 12 years but less than 13 years;
• .56 for a marriage of more than 13 years but less than 14 years;
• .60 for a marriage of more than 14 years but less than 15 years;
• .64 for a marriage of more than 15 years but less than 16 years;
• .68 for a marriage of more than 16 years but less than 17 years;
• .72 for a marriage of more than 17 years but less than 18 years;
• .76 for a marriage of more than 18 years but less than 19 years; and
• .80 for a marriage of more than 19 years but less than 20 years.

For a marriage of 20 years or more, the award may be equal to the length of the marriage, or maintenance may be paid indefinitely.

Deviations and Other Considerations

In certain situations, the court may award an amount different than that prescribed by the formula in the law. Similarly, the court is granted full discretion over situations in which the couple’s combined income exceeds $500,000. The law requires the court in such cases to justify its decisions based on specific findings, including references to the particular, relevant factors.

Contact a Schaumburg Spousal Maintenance Lawyer

For more information about spousal support, contact The Law Office of Nicholas W. Richardson, P.C. Call 847.873.6741 to schedule your free initial consultation and get the answers you need to whatever questions you may have. The firm is proud to serve Palatine, Arlington Heights, Schaumburg, and all of the surrounding areas.