Five Things to Know About Spousal Maintenance in DuPage County

 Posted on September 30, 2019 in Spousal Support

Spousal maintenance, also known as spousal support or alimony, is not awarded in every divorce case. However, there are numerous divorces in the Oakbrook Terrace area in which one of the spouses will be awarded spousal maintenance. We often work with clients in the DuPage County Muslim community who have questions about spousal support and how it works. The following are five things to know about spousal maintenance in DuPage County. If you have additional questions or concerns, an experienced Oakbrook Terrace divorce lawyer at Farooqi & Husain Law Office can assist you.

1. The Spouse Who Wants Maintenance Must Request It

In a divorce case, courts do not automatically consider whether one spouse should be receiving maintenance and whether the other spouse should be responsible for paying it. Rather, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the spouse who wants to obtain spousal maintenance must first request it. To ensure that the court considers awarding spousal maintenance, the party seeking it should work with an experienced DuPage County divorce lawyer.

2. Court Decides Whether Maintenance Is Appropriate Before Considering Amount or Duration

When one of the spouses in a divorce case seeks spousal maintenance, the court goes through a series of steps in the process of awarding maintenance or support. The IMDMA requires that the court first consider whether maintenance is even appropriate before it makes any considerations about the amount and duration of the award. The IMDMA outlines a wide variety of factors that the court may consider in deciding whether support is appropriate in a particular divorce case.

3. For Most Divorces, Court Will Use a Formula to Calculate the Amount and Duration of Maintenance

As long as a couple collectively earns less than $500,000 per year, Illinois courts now have a formula for calculating the amount and duration of alimony. For those with combined gross incomes under $500,000, the court takes 33 percent of the paying spouse’s income and subtracts 25 percent of the receiving spouse’s income to obtain the amount of the award. To calculate the duration of the maintenance, courts look at a table that provides a duration based on the length of the marriage.

4. Maintenance May Be Available During the Divorce Proceedings

The IMDMA permits a person living separate and apart from his or her spouse to seek support and maintenance while living separate and apart. If you have questions about this, a divorce lawyer in DuPage County can help.

5. Spouse Who Pays Maintenance Will Pay Taxes On It

Recent changes to federal tax law make it so that the spouse providing maintenance is the one who pays income taxes on that amount. The spouse receiving maintenance does not have to pay income taxes on the amount.

Contact a Spousal Maintenance Lawyer in DuPage County

Spousal maintenance can be complicated, and it can become a contentious issue in many divorces. At the same time, there are many individuals who rely on spousal maintenance in order to acquire the education and experience necessary to support themselves after a divorce. If you have questions about how Illinois law handles spousal maintenance issues, a dedicated DuPage County spousal maintenance attorney can help with your case. The advocates at our firm have years of experience serving the Muslim community of DuPage County, and we can begin working on your case today. Contact Farooqi & Husain Law Office online or call us at 630-909-9114.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59