Orland Park Spousal Maintenance Lawyers

Helping Clients Navigate Spousal Support in Orland Park and throughout Chicagoland

Spousal maintenance – often still called alimony – is one of the most complex and emotionally charged issues in a divorce. Whether you’re the one who might be paying or the one who might be receiving, the uncertainty surrounding maintenance can be incredibly stressful. You’re likely worried about your financial future and how you’ll make ends meet. Understanding your rights and how Illinois law works is the first step toward achieving a fair outcome.

At Pucher & Ranucci, we help clients in Orland Park and the surrounding communities navigate the complexities of spousal maintenance. We know the law, we understand the anxieties involved, and we’re committed to providing clear, compassionate guidance.

Is Maintenance Appropriate in Your Case?

The first thing to understand about spousal maintenance (or alimony, as many people still call it) is that it is not automatic in an Illinois divorce. The court has to decide if it’s appropriate in your case. To do this, the judge must consider a specific list of factors.

These factors include:

• The income and property of each spouse: This includes both marital property (property acquired during the marriage) and non-marital property (property owned before the marriage or received as a gift or inheritance).
• The needs of each spouse: What does each person reasonably need to live on?
• The present and future earning capacity of each spouse: How much can each person realistically earn, now and in the future?
• Impairment of earning capacity: Did one spouse stay home to raise children or support the other spouse’s career, sacrificing their own earning potential?
• Time needed for education or training: Does the spouse seeking maintenance need time to get education or training to become self-supporting?
• The standard of living during the marriage: What kind of lifestyle did the couple have?
• The length of the marriage: Longer marriages are more likely to result in maintenance.
• The age and health of each spouse: These factors can affect earning capacity and needs.
• Tax consequences: While maintenance is no longer tax-deductible for the payor or taxable income for the recipient (for divorces finalized after 2018), the overall tax implications of the divorce settlement are still considered.
• Contributions to the other spouse’s education or career: Did one spouse help the other get a degree or advance their career?
• Any valid agreement: Did the couple have a prenuptial or postnuptial agreement that addresses maintenance?
• Any other factor the court finds just and equitable: This gives the judge some flexibility to consider other relevant circumstances.

The court weighs all these factors to decide if maintenance is appropriate. It’s not a simple formula; it’s a holistic assessment of the situation.

Calculating Amount and Duration (The Guidelines)

If the court decides that maintenance is appropriate, Illinois law provides guidelines for calculating the amount and duration of the payments. However, it is very important to know, that these guidelines only apply if the couple’s combined gross income is less than $500,000 per year, and if neither spouse has a prior child support or spousal maintenance obligation. If the income is higher, or a prior obligation exists, the court has more discretion.

Here’s how the guidelines work:

Amount of Maintenance

The guideline maintenance amount is calculated as 33 1/3% of the payor’s net income minus 25% of the payee’s net income. But, there’s a cap: the payee’s total income (including maintenance) cannot exceed 40% of the parties’ combined net income.

Example: Let’s say Spouse A (the payor) has a net income of $100,000 per year, and Spouse B (the payee) has a net income of $20,000 per year.

• 33 1/3% of Spouse A’s income: $33,333
• 25% of Spouse B’s income: $5,000
• Guideline maintenance: $33,333 – $5,000 = $28,333 per year (or $2,361 per month)
• Check the cap: Spouse B’s total income would be $20,000 + $28,333 = $48,333. The combined net income is $120,000. 40% of $120,000 is $48,000. Because the result of the formula exceeds 40% of the combined net income, the amount is reduced. In this case, it would be $48,000-$20,000 = $28,000.

Duration of Maintenance

The guideline duration of maintenance is based on the length of the marriage. The longer the marriage, the longer the maintenance period. The law uses multiplying factors:

• 0-5 years: Length of marriage x 0.20
• 5-10 years: Length of marriage x 0.40
• 10-15 years: Length of marriage x 0.60
• 15-20 years: Length of marriage x 0.80
• 20+ years: The court can order maintenance for a term equal to the length of the marriage or for an indefinite term.

Example: For a 10-year marriage, the guideline duration would be 10 years x 0.60 = 6 years.

It is important to know that the court is not required to follow the guidelines if it finds, after considering all the relevant factors, that doing so would be inappropriate.

Types of Spousal Maintenance in Illinois

There are several different types of spousal maintenance that Chicago-area divorcees might receive, each with a different purpose:

• Temporary Maintenance: This is awarded during the divorce proceedings, while the case is pending. Its purpose is to provide financial support to the spouse who needs it while the divorce is being finalized. It ends when the final divorce decree is entered. Temporary maintenance helps maintain the status quo while the spouses are living separately.
• Fixed-Term Maintenance (Rehabilitative Maintenance): This is the most common type of maintenance. It’s awarded for a specific period after the divorce is finalized. The goal is to give the recipient spouse time to become self-supporting. This might be the time to complete education or job training, gain work experience, or re-enter the workforce after being a stay-at-home parent.
• Reviewable Maintenance: This is similar to fixed-term maintenance, but it includes a built-in review date. At the review, the court will reassess the situation and decide whether maintenance should continue, be modified (increased or decreased), or be terminated. Reviewable maintenance is often used when there’s some uncertainty about the recipient’s future ability to become self-supporting – for example, if they have a health condition or are caring for young children.
• Permanent Maintenance (Indefinite Maintenance): This type of maintenance is awarded for an indefinite period. It’s typically reserved for long-term marriages (usually 20 years or longer in Illinois) where one spouse has a significantly lower earning capacity due to age, health, or having sacrificed their career for the family. Even with “permanent” maintenance, it usually ends if the recipient dies, remarries, or cohabitates with a new partner on a “resident, continuing, conjugal basis.” The court also has the option to order maintenance for a term equal to the length of the marriage.
• Lump Sum Maintenance: Rather than ongoing payments, the court may order that maintenance be paid all at once.

Modifying and Terminating Spousal Maintenance

Spousal maintenance orders aren’t necessarily permanent. They can be modified or terminated under certain circumstances.

Modification

You can ask the court to change a maintenance order if there’s been a substantial change in circumstances. This could include:

• A significant increase or decrease in either spouse’s income.
• A job loss or involuntary reduction in pay.
• A serious illness or disability.
• The recipient spouse completing education or training that increases their earning capacity.

To modify maintenance, you have to file a petition to modify with the court and prove that a substantial change in circumstances has occurred. It’s not enough to simply disagree with the original order.

Termination

Maintenance automatically terminates upon:

• The death of either spouse.
• The remarriage of the recipient spouse.
• The recipient spouse’s cohabitation with another person on a “resident, continuing, conjugal basis.” This means living together in a marriage-like relationship. Proving cohabitation can sometimes be challenging.

Addressing Challenges in Spousal Maintenance Cases

Spousal maintenance cases can be complex and contentious. Here are some common areas of dispute:

• Disagreements over Income: What happens if one spouse is self-employed, owns a business, or receives income that’s difficult to track? What if one spouse is voluntarily unemployed or underemployed? The court can impute income – meaning, assign an income based on what the person could be earning.
• Disagreements over “Needs”: Spouses often disagree about what constitutes a reasonable standard of living and what expenses should be considered when determining maintenance.
• High-Income Cases: When the couple’s combined gross income exceeds $500,000, the statutory guidelines don’t apply. The court has much more discretion in setting maintenance, and these cases often involve complex financial analysis.
• Disputes over Cohabitation: Proving that a former spouse is cohabitating in a way that terminates maintenance can be difficult and may require investigation.
• Enforcement Issues: If a former spouse refuses to pay court-ordered maintenance, there are legal steps that can be taken.

Finding the Right Legal Representation

Spousal maintenance is often a contentious and complex issue in divorce proceedings. The financial implications of spousal support can last for years, significantly impacting the financial stability and well-being of both parties involved. Given the high stakes and potential for long-term consequences, securing legal representation from a qualified attorney is very important.

When seeking legal representation for spousal maintenance, look for an attorney with the following qualities:

• Experience in Family Law: Choose an attorney with extensive experience in family law and a proven track record in handling spousal maintenance cases.
• Knowledge of State Laws: Spousal maintenance laws vary by state. Ensure your attorney is well-versed in the laws of your jurisdiction.
• Strong Negotiation Skills: Spousal maintenance cases often involve negotiation and settlement. Your attorney should be a skilled negotiator who can advocate for your interests.
• Compassion and Understanding: Divorce can be emotionally challenging. Your attorney should be compassionate and understanding while providing strong legal guidance.

Experienced Legal Guidance for Spousal Maintenance in Orland Park

At Pucher & Ranucci, we understand that spousal maintenance is about more than just numbers; it’s about your financial security and your future. We have nearly two decades of experience helping clients in Orland Park and the surrounding communities navigate these complex issues.

We’re committed to providing compassionate, client-focused representation, taking the time to listen to your concerns, explain your options, and empower you to make informed decisions. We are skilled negotiators and always strive for fair and amicable settlements, but we are also prepared to forcefully advocate for your rights in court if necessary.

Contact Pucher & Ranucci today for a complimentary consultation to discuss your spousal maintenance concerns and learn how we can help.

We represent clients in Orland Park, Tinley Park, Joliet, Oak Forest, Alsip, Palos Heights, Homer Glen, Mokena, Will County, Cook County, and the surrounding Chicagoland areas.