DuPage County Spousal Maintenance Attorneys

Informed Representation for Illinois Maintenance/Alimony Matters

Our approach to case handling includes a thorough explanation of how Illinois laws may impact the outcome of a divorce. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a standardized method for calculating spousal maintenance. By law, there are multiple factors considered when the divorce is handled through litigation, including:

• Income and property of each party;
• Needs of each party;
• Present and future earning capacity;
• Impairments to present and future earning capacity;
• Time needed for seeking party to support himself or herself;
• Established standard of living during the marriage;
• Duration of the marriage;
• Overall physical, mental, and financial health of both parties;
• Public and private income sources;
• Tax consequences of property division on each party;
• Contributions made during the marriage by the party seeking maintenance that benefited the other spouse;
• Any valid agreement signed by both parties; and
• Any other factor the court deems necessary to consider.

The end goal is to determine a just outcome. Some parties opt for alternative dispute resolution (ADR), such as mediation or collaborative law, so that they may have more control over how maintenance will be handled. Our spousal support lawyers can assess your situation and provide various options for handling your divorce and determining appropriate alimony awards.

Calculating Maintenance in DuPage County Divorce Settlements

Maintenance guidelines help to determine the amount awarded as well as the duration of the award. The duration of the award (the amount of time that maintenance will be paid) will be determined using a specific percentage of the length of a couple's marriage, and this percentage will increase depending on the number of years the couple was married.

Courts calculate the amount of maintenance by taking 33 and 1/3 percent of the payor's net annual income minus 25 percent of the payee's net annual income. When the maintenance amount is added to the payee's net income, it may not exceed 40% of the combined net income of both parties. It is important to note that the duration and amount of maintenance can fall outside of these guidelines if there is enough data to substantiate why a deviation is necessary. Farooqi & Husain Law Office will guide you through the process every step of the way to ensure that all applicable factors are considered when calculating spousal maintenance.

Contact Experienced Elmhurst Spousal Support Lawyers

Contact our trusted DuPage County alimony attorneys today for comprehensive assistance with divorce and spousal maintenance concerns. Call 630-909-9114 to set up an initial consultation. We serve DuPage County, Oak Brook, Oakbrook Terrace, Hinsdale, Elmhurst, Cook County, Will County, Kane County, and surrounding communities.