Chicago Spousal Maintenance Lawyer

Answer: Also referred to as alimony or spousal maintenance, spousal support is a legal arrangement in Illinois where one spouse provides financial support to the other during or after a divorce or legal separation. Spousal support aims to address any economic disparities between the spouses and help the recipient maintain a similar standard of living as they had during the marriage.

Answer: Spousal support, like child support, is not considered taxable income. The paying party must pay taxes based on their income, and they cannot deduct the amount of spousal support they pay. This makes spousal support more tax-friendly for the person receiving it, but it may also lead to the reduction of income that may be available to pay support.

Answer: The duration of spousal support is determined by how long the couple was married. As a result, support may last for a certain number of years. In cases where a couple was married for at least 20 years or when there are extraordinary circumstances, spousal support may be paid indefinitely.

Answer: Illinois law provides a formula that is used to calculate the amount of spousal support that one party will pay to the other. This formula determines the amount of monthly payments based on the net monthly income earned by each spouse. There is a limit on the amount of support that can be paid, and the amount of support the recipient receives plus the income they earn cannot be higher than 40 percent of the parties’ combined net monthly income.

Answer: Yes. Spousal support is often referred to as alimony or spousal maintenance.

Answer: Spousal support can potentially change after the retirement of either the payor or the recipient, but the changes will depend on the specific circumstances of the parties and the terms outlined in their divorce agreement. In Illinois, if the paying spouse retires, they may request a modification of the spousal support order based on their reduced income. The court will examine factors like the age and health of the parties, the duration of the marriage, and the financial resources available to each spouse when determining what modifications may be appropriate.

Answer: To collect unpaid spousal support in Illinois, you can take legal action. The first step is to file a petition for enforcement with the court. Once the court receives the petition, it can take various actions to collect the unpaid support, such as garnishing wages, seizing assets, or placing liens on property. Additionally, the court may hold the delinquent spouse in contempt, which could result in fines or even jail time.

Answer: Refusing to pay spousal support can have serious legal consequences. If you have been ordered by the court to pay spousal support, it is a legal obligation that must be fulfilled. Failure to pay can result in enforcement actions like wage garnishments, property liens, etc. If you have encountered issues that affect your ability to pay spousal support, such as the loss of a job, you can request a modification, but until changes are approved by a court, you will be required to continue making payments as originally ordered.

Answer: Infidelity or any other form of marital misconduct is not a direct factor the court considers when determining spousal support. However, if the adulterous activity had a financial impact on the marriage, such as the dissipation of marital assets, it could prove to be a relevant factor in determining eligibility for spousal support.

Answer: You may request that spousal support be paid during proceedings related to divorce or legal separation. You can provide details about your financial situation, including income, expenses, and any relevant factors that could impact the need for support. Evidence regarding your need for support may include tax returns, pay stubs, banking statements, and any other information that may provide insight into your financial situation.

Answer: Spousal support is based on factors including the length of the marriage, the financial needs and abilities of each spouse, the standard of living during the marriage, and each spouse's earning capacity. The specific amount of support that will be paid is based on the income earned by both parties.

Answer: Yes. Spousal support is a legal obligation when it is ordered by a court. If a court determines that you willfully failed to pay what spousal support as required, you may be held in contempt of court, and you could face legal penalties, including jail time.

Answer: Generally, you cannot request alimony for the first time after a divorce is finalized. However, if you fought for alimony during your divorce and failed to get it, changes to your circumstances that have occurred after your divorce may allow you to seek spousal support. If you believe that you should receive spousal support after your divorce has been finalized, you can discuss this issue with your lawyer and determine how to proceed.