Hinsdale Alimony Attorneys
Assisting Clients with Spousal Support Matters in Clarendon Hills, Willowbrook and Darien
The divorce process requires consideration of a wide variety of issues related to the couple’s life together and the changes required for moving forward. The couple must negotiate the division of marital property and debt, as well as make arrangements for custody, visitation, and support of their children. Finally, spousal support, otherwise known as alimony, must be considered as well. Couples who are unable to work out all of the necessary arrangements may find themselves before the court, which will utilize its powers under law to settle the dispute. With over 75 years of combined experience, the attorneys at the Law Office of Martoccio & Martoccio have worked with hundreds of clients to negotiate fair and equitable spousal support orders.
Knowledgeable Spousal Maintenance Attorneys
In 2014, the Illinois legislature amended the state’s approach to spousal support matters, replacing the court’s broad discretionary powers with statutory guidelines. Taking effect in January of 2015, the amended law provides a formulaic standard for calculating the amount and length of a support award once the court has deemed spousal support necessary.
To determine the necessity of spousal maintenance, the court must consider a number of factors set forth by law, including:
- The needs, income, property, and earning capacity of each spouse
- The effect of the marriage on the earning capacity of the spouse seeking support
- The ability and time needed for the spouse seeking support to become self-sufficient, if deemed possible
- The length of the marriage, and the lifestyle it established
- The tax consequences of the property division inherent to the divorce
- The age and health of each spouse
- The contributions made by the spouse seeking support to the other spouse’s career and earning capacity
- Any valid prenuptial or postnuptial agreement and
- Any other consideration the court finds just and equitable
The amount and length of spousal support award are determined based on guidelines found in Illinois law, specifically:
Amount: The recommended support amount equals 30 percent of the payor’s gross income minus 20 percent of the payee’s gross income. The award plus the payee’s income is not permitted to exceed 40 percent of the parties’ combined income.
Length: The statutorily recommended duration of the award is equal to the length of the marriage multiplied by the appropriate percentage factor in the law. The percentage factors provide longer support awards for longer marriages, and the court may order permanent maintenance for marriages lasting 20 years or more.
Aggressive Spousal Support Lawyers Protecting Clients’ Best Interests
The formulas provided by Illinois law represent a guideline for the court on which it must begin its consideration in a spousal support case. With the help of a qualified spousal maintenance attorney, however, a spouse may convince the court that the statutory recommendations are not equitable in his or her particular case. Every situation is unique, and proceeding without professional legal representation may result in a poorly-negotiated spousal support order that can impact both spouses for years.
If you have questions about your spousal support case, or are interested in pursuing spousal support in your divorce, experienced help is available to you. Contact the Law Office of Martoccio & Martoccio for a free consultation today at 630-920-8855. We promise to provide you and your case with the personal attention and dedication all of our clients have come to expect. From our office in Hinsdale, we serve clients in Kendall, Cook, DuPage, Will, and Kane Counties.