Alimony Lawyers in Chicago Illinois
Alimony, also known as spousal maintenance or spousal support in Illinois, can define your financial future after divorce. Our Chicago alimony lawyers calculate guideline support, negotiate fair outcomes, and litigate when necessary. Whether you’re seeking maintenance, defending against an excessive request, or enforcing a court order, Chicago Family Attorneys, LLC brings courtroom experience and cost‑effective strategies to every case in Cook County. Call (312) 971‑2581 for a free consultation.
Spousal Maintenance Lawyers in Chicago, IL Fighting For Your Rights
Alimony and spousal maintenance can quickly become one of the most contested issues in a divorce. Whether you are seeking fair support, defending against excessive demands, or enforcing a marital settlement agreement, having an experienced Chicago alimony lawyer on your side is critical. At Chicago Family Attorneys, LLC, we fight to protect your financial rights and ensure that court orders are enforced. From negotiating spousal support to litigating disputes and pursuing enforcement actions, our team delivers aggressive, results-driven representation tailored to your goals. Call (312) 971-2581 for a free consultation with an alimony attorney or book a free consultation online.
What is Alimony?
Alimony, also called spousal support or spousal maintenance, is money one spouse pays to the other after a divorce. The main goal is to help the lower-earning spouse keep the same living standard they had during the marriage.
In Illinois, laws about spousal maintenance, also known as alimony, are outlined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The Illinois legislature purposefully set spousal maintenance laws within the IMDMA under 750 ILCS 5/504 to ensure that a spouse with a lower income can still maintain the status quo of the life they lived while they were married.
What Types of Spousal Support is Available in Illinois?
Illinois law recognizes several types of alimony, each tailored to address the specific needs and circumstances of divorcing couples. These varying types of alimony allow more comprehensive solutions to issues within divorce and ensure that support arrangements are fair and appropriate for different situations. Types of alimony the court may award include the following:
Temporary Alimony
Temporary alimony, also known as temporary maintenance, is a type of spousal support awarded during the divorce proceedings. Its purpose is to provide financial assistance to the lower-earning spouse, ensuring they can maintain a stable lifestyle while the divorce is finalized. Temporary alimony is crucial for addressing immediate financial needs and mitigating economic disparities between spouses during the divorce process.
Purpose of Temporary Spousal Maintenance
Financial Stability: Temporary alimony aims to provide immediate financial stability to the lower-earning spouse. This ensures they can cover essential living expenses, such as housing, utilities, food, and healthcare, during the divorce process.
Preventing Financial Hardship: By awarding temporary alimony, the court aims to prevent the lower-earning spouse from experiencing undue financial hardship during the divorce.
Courts in Illinois have the discretion to adjust temporary alimony based on changes in circumstances during the divorce process. For example, if the financial situation of either spouse changes significantly, the court may modify the amount of temporary alimony awarded.
Temporary alimony is a critical component of divorce proceedings in Illinois, providing necessary financial support to the lower-earning spouse during a challenging period. Understanding how temporary alimony is calculated and awarded can help spouses navigate the financial aspects of divorce more effectively.
If you need assistance with temporary alimony, our experienced attorneys at Chicago Family Attorneys, LLC are here to help. Contact us today to schedule a consultation by calling (312) 971-2581. Learn how we can help you through the divorce process or book a free consultation online.
Rehabilitative Alimony
Rehabilitative alimony, also called rehabilitative maintenance, is spousal support to help the lower-earning spouse become self-sufficient after a divorce.
This temporary support provides financial help while the recipient gets the education, training, or work experience needed for economic independence. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) sets guidelines for awarding rehabilitative alimony, ensuring it fits the needs of the divorcing couple.
Purpose of Rehabilitative Spousal Maintenance
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Economic Independence: The primary purpose of rehabilitative alimony is to support the recipient spouse in gaining the skills and qualifications needed to become financially independent.
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Temporary Assistance: Unlike permanent alimony, rehabilitative alimony is intended to be temporary and ends once the recipient achieves self-sufficiency.
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Investment in Education/Training: This type of support is often used to cover the costs of education, vocational training, or other activities that enhance the recipient's employability.
Courts in Illinois have the discretion to adjust rehabilitative alimony based on changes in circumstances during the support period. For example, if the recipient makes significant progress in their education or training earlier than expected, the court may reduce the duration of support. Conversely, if additional time is needed, the court may extend the support period.
Rehabilitative alimony is a vital form of spousal support in Illinois, designed to help the lower-earning spouse achieve economic independence through education and training. Understanding how rehabilitative alimony is calculated and awarded can help divorcing spouses plan for their financial future more effectively.
If you need help with rehabilitative alimony, our experienced attorneys at Chicago Family Attorneys, LLC are here for you. Contact us today by calling (312) 971-2581 to schedule a consultation and find out how we can support you through the divorce process.
Permanent Alimony
Permanent alimony, also known as permanent maintenance, is a type of spousal support awarded in cases where one spouse is unlikely to achieve financial independence due to age, health, or other significant factors.
Unlike temporary or rehabilitative alimony, permanent alimony continues indefinitely or until a substantial change in circumstances occurs. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides guidelines for awarding permanent alimony to ensure fairness and adequacy based on the specific needs and circumstances of the divorcing couple.
Purpose of Permanent Spousal Support
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Long-Term Financial Support: Permanent alimony is intended to provide long-term financial support to a spouse who cannot become self-sufficient.
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Continuity of Lifestyle: It aims to maintain the standard of living established during the marriage, particularly for older or disabled spouses.
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Compensation for Non-Financial Contributions: Recognizes the non-financial contributions of the spouse, such as homemaking and child-rearing, which may have limited their career advancement opportunities.
Permanent alimony can be adjusted based on changes in circumstances. For instance, if the financial situation of either spouse changes significantly, such as a substantial increase in income or remarriage, the court may modify or terminate the alimony.
Permanent alimony is a critical aspect of divorce proceedings in Illinois, designed to provide long-term financial support to spouses who cannot become self-sufficient. Understanding how permanent alimony is calculated and awarded is essential for those navigating the divorce process.
If you need assistance with permanent alimony, our experienced attorneys at Chicago Family Attorneys, LLC are here to help. Contact us today to schedule a consultation and learn more about how we can support you through the divorce process.
Reviewable Spousal Maintenance Judgments
Reviewable maintenance, also known as reviewable alimony, is a type of spousal support awarded for a specified period, with the possibility of review and adjustment at a later date. This form of maintenance provides financial support to the lower-earning spouse while allowing for periodic reassessment based on changing circumstances. Illinois law provides guidelines for awarding reviewable maintenance to ensure it meets the evolving needs of the divorcing couple.
Reviewable maintenance is awarded for a specified period, after which the court reviews the arrangement to determine if it should continue, be modified, or be terminated. The review process involves reassessing the financial needs and circumstances of both parties, taking into account any significant changes that have occurred since the original order.
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Initial Duration: The court sets an initial duration for the maintenance based on the expected time needed for the recipient to become self-sufficient or for other significant changes to occur.
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Review Hearings: At the end of the specified period, a review hearing is held to evaluate the current financial situation of both parties. The court may extend, modify, or terminate the maintenance based on the findings.
Purpose of Reviewable Maintenance
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Flexibility: Reviewable maintenance offers flexibility, allowing the court to adjust the support amount based on changes in the financial situations or needs of either spouse.
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Encouragement of Self-Sufficiency: This type of maintenance encourages the recipient to strive for financial independence, knowing that the support arrangement will be reviewed periodically.
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Adaptability: It accommodates significant life changes, such as new employment, changes in health, or other financial developments.
Reviewable maintenance is a flexible and adaptive form of spousal support in Illinois, designed to provide temporary financial assistance with the possibility of future adjustments. Understanding how reviewable maintenance is calculated and reviewed can help divorcing spouses plan for their financial future more effectively. If you need assistance with reviewable maintenance, our experienced attorneys at Chicago Family Attorneys, LLC are here to help. Contact us today by calling (312) 971-2581 to schedule a consultation and learn more about how we can support you through the divorce process.
Lump Sum Maintenance
Lump sum maintenance, also known as lump sum alimony, is a type of spousal support that involves a one-time payment from one spouse to the other, instead of ongoing periodic payments. This form of maintenance can be beneficial for both parties, providing immediate financial security for the recipient while simplifying the financial obligations of the payer.
Purpose of Lump Sum Maintenance Payments
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Immediate Financial Security: Lump sum maintenance provides the recipient with a significant amount of money upfront, offering immediate financial stability.
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Simplified Financial Obligations: For the payer, a lump sum payment eliminates the need for ongoing maintenance payments, simplifying their financial obligations post-divorce.
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Finality and Closure: This form of maintenance provides finality and closure, allowing both parties to move forward without the need for future financial interactions.
Lump sum maintenance is a valuable option for spousal support in Illinois, providing immediate financial security and finality for both parties. If you need assistance with lump sum maintenance, our experienced attorneys at Chicago Family Attorneys, LLC are here to help. Contact us today to schedule a consultation and learn more about how we can support you through the divorce process.
Chicago Family Attorneys Free Illinois Spousal Support Calculator
Factors Affecting Spousal Support
Several factors influence the determination and amount of spousal support in Illinois, ensuring that the support awarded is fair and appropriate for both parties. The Illinois Marriage and Dissolution of Marriage Act outlines these factors, which include:
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Duration of the Marriage: Longer marriages typically result in higher and longer-duration support.
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Standard of Living: The lifestyle established during the marriage plays a crucial role in determining support amounts.
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Age and Health of Both Spouses: Older or less healthy spouses may require more support.
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Earning Capacity: The potential for each spouse to earn income post-divorce is considered.
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Contributions to the Marriage: Non-financial contributions, such as homemaking and child-rearing, are also factored in.
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Educational Background and Employment History: The ability of the lower-earning spouse to gain employment is evaluated.
How is Alimony Calculated in Illinois?
The standard formula for calculating spousal support in Illinois is designed to provide a clear and consistent method for determining support obligations. The formula typically considers the gross income of both spouses. Specifically, the formula is as follows:
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33% of the paying spouse’s net income minus 25% of the receiving spouse’s net income.
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The resulting amount, when added to the recipient’s net income, should not exceed 40% of the combined net income of both spouses.
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Spousal support awards cannot result in the receiving spouse's income exceeding 40% of the couple's combined net income.
This formula helps to ensure that the support payments are reasonable and reflect the financial realities of both parties.
How Long Is Spousal Support Paid?
The duration of spousal support, or maintenance, in Illinois is determined based on the length of the marriage. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides specific guidelines for calculating the duration of spousal support, which is often expressed as a percentage of the length of the marriage. Here is how the duration is typically calculated:
Spousal Support Durati0n Guidelines
The duration of spousal support is calculated by multiplying the length of the marriage by a specific percentage, which increases with the length of the marriage. These percentages are outlined in the IMDMA and are as follows:
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0-5 years of marriage: 20% of the length of the marriage
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5-10 years of marriage: 40% of the length of the marriage
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10-15 years of marriage: 60% of the length of the marriage
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15-20 years of marriage: 80% of the length of the marriage
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20+ years of marriage: Either permanent maintenance or for a period equal to the length of the marriage
Example Calculations
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Short-term marriage (3 years):
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Duration of spousal support = 3 years x 20% = 0.6 years (approximately 7 months)
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Mid-term marriage (8 years):
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Duration of spousal support = 8 years x 40% = 3.2 years
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Long-term marriage (12 years):
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Duration of spousal support = 12 years x 60% = 7.2 years
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Very long-term marriage (22 years):
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Duration of spousal support = Either permanent or for 22 years, depending on the court's discretion and the circumstances of the case
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Factors Influencing Spousal Support
Before the guideline formula is applied, there are several factors the judge must weigh under 750 ILCS 5/504(a).
"(750 ILCS 5/504) (from Ch. 40, par. 504) Sec. 504. Maintenance.
(a) Entitlement to maintenance. In a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, or dissolution of a civil union, a proceeding for maintenance following a legal separation or dissolution of the marriage or civil union by a court which lacked personal jurisdiction over the absent spouse, a proceeding for modification of a previous order for maintenance under Section 510 of this Act, or any proceeding authorized under Section 501 of this Act, the court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse. The court shall first make a finding as to whether a maintenance award is appropriate, after consideration of all relevant factors, including:(1) the income and property of each party, including marital property apportioned and non‑marital property assigned to the party seeking maintenance as well as all financial obligations imposed on the parties as a result of the dissolution of marriage;
(2) the needs of each party;
(3) the realistic present and future earning capacity of each party;
(4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
(5) any impairment of the realistic present or future earning capacity of the party against whom maintenance is sought;
(6) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment;
(6.1) the effect of any parental responsibility arrangements and its effect on a party’s ability to seek or maintain employment;
(7) the standard of living established during the marriage;
(8) the duration of the marriage;
(9) the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and the needs of each of the parties;
(10) all sources of public and private income including, without limitation, disability and retirement income;
(11) the tax consequences to each party;
(12) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
(13) any valid agreement of the parties; and
(14) any other factor that the court expressly finds to be just and equitable."
Before a judge applies Illinois’ guideline formula for amount and duration, the court must first decide whether maintenance is appropriate at all. In doing so, the judge looks at:
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Income, property, and debts on both sides (marital and non‑marital).
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Each party’s needs and the standard of living during the marriage.
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Earning capacity today and in the future, including any career sacrifices made for family or the marriage.
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Time and training the requesting spouse needs to become self‑supporting and whether work is realistically available.
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The impact of parenting responsibilities on a party’s ability to work.
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Length of the marriage, age, and health of both parties.
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All income sources, including disability or retirement benefits.
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Tax consequences of a maintenance award.
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Contributions one spouse made to the other’s education, training, or career.
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Any valid agreements (e.g., prenuptial or marital settlement).
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Any other equitable factor the court finds relevant.
After this entitlement finding, the court applies Illinois’ maintenance guidelines (or deviates when appropriate) to set the dollar amount and duration. On our Chicago & Cook County cases, we present focused evidence on these factors to support or challenge spousal maintenance. After making our legal argument, then we work toward calculating a fair guideline or spousal support award outside of guidelines accordingly.
Understanding how the duration of spousal support is calculated in Illinois is essential for anyone going through a divorce. The Illinois Marriage and Dissolution fo Marriage Act provides clear guidelines based on the length of the marriage, but the court may also consider additional factors to ensure a fair outcome.
If you need assistance with determining or modifying the duration of spousal support, our experienced attorneys at Chicago Family Attorneys, LLC are here to help. Contact us today by calling (312) 971-2581 to schedule a free consultation with a spousal support attorney and learn more about how we can assist you in navigating the complexities of spousal support.
Enforcement of Alimony Judgments With Spousal Maintenance Lawyers
When one spouse fails to pay alimony (also known as spousal maintenance or spousal support) after a divorce, Illinois courts provide strong legal remedies to ensure compliance. At Chicago Family Attorneys, LLC, our experienced alimony enforcement lawyers in Chicago help clients recover past-due support, hold non-paying spouses accountable, and enforce marital settlement agreements under Illinois law.
How Enforcement Works
If a former spouse does not follow a court order requiring them to pay alimony, the recipient spouse can file a Petition for Rule to Show Cause. This petition formally requests the court to use its contempt powers to enforce compliance. The petition must identify the specific divorce judgment or marital settlement agreement that has been violated and must be properly served on the non-paying party.
At the hearing, the court examines the evidence of non-payment. If the judge finds that the spouse has willfully refused to comply with the alimony order, the court may hold them in indirect civil contempt, shifting the burden onto the non-compliant spouse to justify their failure to pay.
Consequences of Non-Payment of Alimony in Illinois
Illinois law provides several enforcement tools to compel compliance with spousal support orders:
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Wage Garnishment / Income Withholding: The court can order alimony to be automatically deducted from the paying spouse’s paycheck.
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Seizure of Assets: Bank accounts, investment accounts, or other property may be seized or subjected to a lien to satisfy overdue spousal maintenance.
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Liens on Real Estate: A lien can be placed on a home or other property until past-due alimony is paid.
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Fines and Jail for Contempt: If the violation is willful, the court may impose fines or even jail time until the spouse complies with the alimony order.
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Interest on Past-Due Alimony: Courts can add statutory interest to unpaid spousal support, increasing the total amount owed.
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Attorney’s Fees and Court Costs: The paying spouse may also be ordered to reimburse the recipient for legal expenses incurred in bringing the enforcement action.
Unlike child support, Illinois law does not permit driver’s license suspension or administrative penalties through the Department of Healthcare and Family Services for failure to pay spousal maintenance. Enforcement is handled directly by the court through contempt and collection remedies.
Why Legal Representation Matters
Enforcing alimony in Illinois can be complex, especially when a former spouse hides income, moves assets, or refuses to comply with court orders. An experienced Chicago spousal maintenance attorney can:
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File a Petition for Rule to Show Cause on your behalf.
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Present evidence of unpaid support to the court.
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Pursue wage garnishment, liens, or asset seizures.
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Seek reimbursement of attorney’s fees and interest on arrears.
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Defend clients against unfair or excessive enforcement actions.
Protecting Your Rights in Alimony Enforcement Cases
Whether you need to enforce a marital settlement agreement, collect unpaid spousal support, or defend against an unfair enforcement claim, our team at Chicago Family Attorneys, LLC is here to help. We combine aggressive courtroom representation with practical legal strategies to protect your financial rights after divorce.
Call (312) 971-2581 today to schedule a free consultation with a dedicated alimony enforcement lawyer in Chicago, or book a consultation online to learn how we can help you enforce, modify, or defend against spousal maintenance orders in Illinois.
Why Choose Chicago Family Attorneys For Alimony Representation?
Choosing the right legal support for your alimony issues is crucial. Here’s why Chicago Family Attorneys is the best choice for you:
Proven Success In Spousal Maintenance Cases
We have handled thousands of divorce and family law cases in Chicago, Illinois, and achieved successful outcomes both in and out of the courtroom. Our track record shows our commitment to helping clients navigate their alimony matters effectively.
Personalized Support For Divorce and Alimony Matters
At Chicago Family Attorneys, we understand that every case is unique. We provide personalized support tailored to your specific needs and circumstances, ensuring you get the best possible outcome.
Alimony Lawyers With A Comprehensive Understanding Of Spousal Support Laws in Illinois
Our team has a deep understanding of Illinois alimony laws. We use this knowledge to protect your rights and help you receive or provide fair support.
Spousal Maintenance Lawyers With Compassionate Guidance
Going through a divorce is challenging. We offer compassionate guidance to help you through every step of the process, making sure you feel supported and informed.
Responsive Alimony and Divorce Legal Representation
We are always here to answer your questions and address your concerns. Our approachable team is dedicated to being responsive and accessible, so you never feel alone during this difficult time.
Choose Chicago Family Attorneys for reliable, understanding, and effective legal support with your alimony issues. Contact us today to see how we can help you by calling (312) 971-2581 or book a free consultation online.
Alimony Attorneys Near Me
Chicago Family Attorneys, LLC offers comprehensive legal representation for spousal support and alimony throughout the Chicagoland area in the following counties:
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Cook County
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DuPage County
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Lake County
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Will County
Contact Our Spousal Maintenance Lawyers
If you are facing issues within a divorce in relation to alimony and spousal support in Chicago or the surrounding counties of Cook County, contact Chicago Family Attorneys, LLC today to schedule a confidential consultation by calling (312) 971-2581 or book a free consultation online. Our dedicated alimony attorneys are dedicated to guiding you through the complexities of spousal support.
Alimony Frequently Asked Questions (FAQs)
What factors are considered in determining alimony in Illinois?
In Illinois, courts consider various factors such as the duration of the marriage, the standard of living during the marriage, the income and assets of each spouse, the age and health of both spouses, and each spouse's contributions to the marriage.
How is the amount of alimony calculated in Illinois?
The amount of alimony in Illinois is calculated using a formula that considers the gross income of both spouses. The standard formula is 33% of the paying spouse's net income minus 25% of the receiving spouse's net income, with the resulting amount not exceeding 40% of the combined net income of both spouses.
Can alimony be modified after the divorce is finalized?
Yes, alimony can be modified in Illinois if there is a significant change in circumstances, such as a change in income, employment status, health, or remarriage of the recipient spouse. A formal petition must be filed with the court to request a modification.
How long does alimony last in Illinois?
The duration of alimony in Illinois depends on the length of the marriage and the type of alimony awarded. Temporary alimony lasts until the divorce is finalized, rehabilitative alimony lasts until the recipient becomes self-sufficient, and permanent alimony can last indefinitely or until a significant change in circumstances occurs.
What is lump sum alimony?
Lump sum alimony is a one-time payment made from one spouse to the other instead of ongoing periodic payments. It provides immediate financial security for the recipient and finality for the payer.
What types of alimony are available in Illinois?
Illinois recognizes several types of alimony, including temporary alimony, rehabilitative alimony, permanent alimony, reviewable maintenance, and lump sum alimony.
What is the process for obtaining alimony in Illinois?
The process for obtaining alimony typically involves filing a petition with the court, providing evidence of the need for support, and attending a court hearing where both spouses can present their financial information and arguments.
What happens if my ex-spouse refuses to pay alimony?
If an ex-spouse refuses to pay alimony, legal actions can be taken to enforce the court order. This may include wage garnishment, liens on property, or other court-ordered measures to ensure compliance.
How does remarriage affect alimony in Illinois?
In Illinois, remarriage of the recipient spouse typically results in the termination of alimony payments. However, the payer's remarriage does not usually affect the obligation to pay alimony.
Can alimony be waived in Illinois?
Yes, alimony can be waived if both parties agree to it, often as part of a prenuptial or postnuptial agreement, or during divorce settlement negotiations.
How can I find an alimony lawyer near me?
Chicago Family Attorneys, LLC has lawyers well-versed in alimony law and divorce. By contacting our law firm, you can book a free consultation to learn how our attorneys can assist you to ensure that your rights are protected.