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.

Determining Spousal Maintenance in Illinois Divorce Cases

The concept of spousal maintenance, often still referred to as alimony, is one of the most significant financial issues addressed in an Illinois divorce. Unlike the division of marital property, which is mandatory, maintenance is not automatic. The Illinois Marriage and Dissolution of Marriage Act requires the court to engage in a detailed, two-step legal inquiry before an award is made: first, determining if maintenance is appropriate, and second, calculating the amount and duration of the payments.

The first step—deciding if maintenance is appropriate—is a holistic assessment of the spouses’ financial and personal situations, guided by a specific list of statutory factors.

The First Step: Is Maintenance Appropriate?

A judge must consider the following factors to determine whether a spouse has a fundamental financial need that cannot be met through the equitable division of marital assets and their own earning capacity. This is not a simple check-box exercise; the judge weighs all factors to assess the overall fairness of granting support.

1. Financial Resources and Needs

The inquiry begins with a clear picture of the current and projected financial reality of both parties.

• The income and property of each spouse: This includes analyzing all sources of income, as well as both marital property (assets acquired during the marriage) and non-marital property (assets owned prior to the marriage or received as gifts/inheritance). The court must first ensure that the division of marital property is complete and equitable. If the property division is sufficient to meet a spouse’s reasonable needs, maintenance may not be awarded.
• The needs of each spouse: The court determines what each person reasonably requires to maintain their household, covering basic living expenses, housing, and insurance.

2. Earning Capacity and Impairment

A critical focus is placed on the ability of the spouse seeking maintenance to become financially independent.

• The present and future earning capacity of each spouse: The court assesses how much each person can realistically earn now and in the future, considering their education, vocational training, and work history.
• Impairment of earning capacity: Did one spouse make career sacrifices to support the other? For instance, did one person stay home to raise children or relocate multiple times for the benefit of the other spouse’s career, resulting in a delayed or diminished ability to earn their own income? Recognizing this sacrifice is a key component of the maintenance analysis.
• Time needed for education or training: If the spouse seeking maintenance needs time to obtain additional education, training, or licensing to become self-supporting or re-enter the workforce at a competitive level, this factor supports a temporary maintenance award.

3. The Lifestyle and Duration of the Marriage

These factors establish the baseline for financial expectations and the historical interdependence of the couple.

• The standard of living during the marriage: The court considers the couple’s lifestyle. Maintenance is not intended to enrich the recipient but rather to provide sufficient funds to allow the spouse to move toward a standard of living reasonably comparable to the one enjoyed during the marriage, if feasible.
• The length of the marriage: Generally, longer marriages are more likely to result in a maintenance award, and sometimes, a longer duration of payments. A marriage of significant length often indicates deeper financial interdependence and greater sacrifice of one spouse’s independent career track.

4. Health, Age, and Contribution

• The age and physical and emotional health of each spouse: These are relevant factors that can directly affect earning capacity and overall needs. For example, poor health may limit a person’s ability to work, justifying a maintenance award.
• Contributions to the other spouse’s education or career: Did one spouse forego their own education or work full-time to pay for the other spouse’s degree or professional advancement? Documenting this financial contribution weighs heavily in favor of a maintenance award.

5. Legal and External Considerations

• Tax consequences: Though the federal tax law changed for divorces finalized after 2018 (maintenance is no longer deductible for the payor or taxable for the recipient), the overall tax implications of the entire settlement package are still reviewed.
• Any valid agreement: If the couple had a prenuptial or postnuptial agreement that addresses maintenance, the terms of that contract will generally govern the award, provided the contract is legally valid.
• Any other factor the court finds just and equitable: This clause allows the judge the necessary flexibility to consider unique circumstances relevant to the specific case that do not fit neatly into the enumerated categories.

The Second Step: Calculating the Amount and Duration

If, after considering all the statutory factors, the court finds that maintenance is appropriate, it moves to the second step: calculating the amount and duration of the payments.

Illinois utilizes a specific statutory formula to determine the guideline amount and duration when the combined gross annual income of both parties is less than $500,000, and the payor is not otherwise obligated to pay support from an earlier relationship.

• Amount Calculation: The guideline amount is typically calculated by taking 33.3% of the payor’s net annual income minus 25% of the recipient’s net annual income. Crucially, when added to the recipient’s net income, the final amount cannot result in the recipient receiving more than 40% of the combined net annual income of both parties.
• Duration Calculation: The duration of maintenance is also determined by a statutory schedule based on the length of the marriage. The longer the marriage, the higher the corresponding percentage multiplier used to determine the length of the payment term. For very long marriages (20 years or more), maintenance can be awarded for a duration equal to the length of the marriage or on an indefinite basis.

The Value of Legal Guidance

Because the decision to award maintenance is not formulaic and relies heavily on a judge’s weighing of disparate financial and personal facts, the presentation of evidence is paramount. A legal office dedicated to family law can assist by:

• Fact Development: Methodically gathering and presenting financial documents, vocational assessments, and testimony to clearly illustrate the need for maintenance or the ability to be self-supporting.
• Income Imputation: Challenging or defending a party’s reported income, particularly when one spouse is intentionally unemployed or underemployed.
• Holistic Strategy: Ensuring the maintenance request is viewed alongside the property division and child support calculations, creating a cohesive and fair overall financial settlement.
• Negotiation and Advocacy: Negotiating settlement terms that may deviate from the strict statutory formula if the unique circumstances of the case demand it, and providing persuasive advocacy to the court regarding the appropriate duration and amount.

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.