Palos Heights Spousal Support and Maintenance Lawyer

Divorce Attorney for Alimony in Oak Lawn, Orland Park, and Crestwood

When couples get divorced, one spouse often needs supplemental income paid by their former spouse as they begin a new life. This is called spousal maintenance, formerly known as spousal support or alimony.

During the divorce process, the court considers 14 different factors to determine if maintenance is justified. The monthly support amount and duration are calculated using guidelines set by the State of Illinois.

If spousal maintenance payments are critical for your stability and successful restart after your marriage ends, the Law Office of James A. Podgorny will aggressively advocate for you throughout the support determination. If you are the one who will provide spousal support, we will ensure your financial information is accurately represented, so you do not pay more than is required by law.

How is Spousal Support Calculated?

Spousal maintenance is primarily decided through examination of the following:

• Income and property of each spouse
• Needs of each spouse
• Realistic present and future earning capacity of each party
• Impairment to earning capacity due to domestic duties, or forgoing or delaying education, training, employment, or other opportunities, because of the marriage
• Income impairment of the party that will pay maintenance
• Time necessary for the support recipient to acquire education, training, and employment, and their ability to support themselves during that time
• Standard of living established during the marriage
• Duration of the marriage
• Age, health, station, occupation, skills, employability, and liabilities of each party
• Sources of public and private income, including disability and retirement income
• Tax consequences of property division
• Contributions of the party seeking maintenance to the education, training, and career of the other spouse
• Previous agreements between the parties
• Other factors found to be just and equitable

Because it can take more than a year for a divorce decree to be finalized, spousal support recipients usually receive temporary maintenance until the final order is complete. The Law Office of James A. Podgorny can help you and your spouse decide on an amount, or we will represent your interests if the court must make a ruling.

How Much Spousal Support Will I Get or Pay?

For divorces finalized after January 1, 2019, the spousal maintenance award is decided by taking 33 1/3 percent of the payor's annual net income minus 25 percent of the payee's net income. Maintenance, when added to the recipient's income, may not exceed 40 percent of the couple's combined net income. 

For example, if the payor's net income is $100,000, and the payee's net income is $50,000:

Payor: $100,000 x .333 = $33,300

Payee: $50,000 x .25 = $12,500

Spousal Maintenance Amount: $33,300 - $12,500 = $20,800

This amount would be reduced, because the $20,800 support amount, when added to $50,000 in payee income, surpasses the 40 percent joint-income threshold of $60,000. The actual amount of maintenance would be $10,000 annually or $833.33 per month.

For divorces finalized on or after January 1, 2019, those who pay spousal maintenance may not claim it as a tax deduction, and it will not count as taxable income for those who receive it. Divorces finalized prior to that date will continue under the previous tax policy.

How Long Will I Pay Spousal Support?

How long you will pay or receive alimony is determined by multiplying the length of the marriage at the time of divorce filing by a set factor. This begins at .20 for marriages that last less than five years and goes up to 100 percent or an indefinite period for marriages of 20 years or longer. 

For example, spousal maintenance for a four-year marriage will be paid through 80 percent of one calendar year (4 x .20 = 0.8), which is equal to 9.6 months. The Law Office of James A. Podgorny can detail the exact duration you can expect to receive support payments and act quickly in court if your former spouse fails to pay.

Contact an Orland Park Divorce Lawyer

The Law Office of James A. Podgorny will fight for your financial stability as you start anew after divorce. Contact an Oak Forest divorce attorney at 708-448-5297 for a free consultation. We serve clients throughout Oak Lawn, Joliet, Will County, Crestwood, Palos Park, Palos Hills, Worth, Alsip, and Burbank.