Tag Archives: alimony

Are There Different Types of Spousal Support in an Illinois Divorce?

DuPage County spousal maintenance attorneyFinancial issues often play a major factor throughout a marriage, and they can even cause a couple to divorce. In some cases, a couple may get used to a certain lifestyle during the marriage. Whether one spouse earned a substantially higher income, or the other spouse stayed home to raise children, a divorce can significantly impact their situations moving forward. When going through a divorce, spouses may wonder about the aftermath and how they can move on. Some of the typical fears are: “Can I afford to stay in the house?” or “How will I be able to pay bills?” Under Illinois law, one partner may be able to seek spousal maintenance once the marriage ends. A court will consider several factors when determining whether to award maintenance and what kind of payments are necessary.

Spousal Maintenance Payments

Illinois courts will look at different issues to determine if spousal maintenance (which is often referred to as alimony or spousal support) is warranted. These factors can include the income level of both spouses, their health and ages, and how long the marriage lasted. Support is based on need, and both women and men are eligible to receive payments. The following are three types of spousal maintenance payment options:

  • Permanent or Indefinite Maintenance: For marriages which lasted at least 20 years, Illinois allows for the payment of maintenance until one of the parties dies. However, payments can be terminated if the receiving spouse remarries or if the paying spouse retires.

  • Maintenance in Gross: This type of maintenance payment could be made in one lump sum or a designated number of installments. Although not as common, it is sometimes used to gain certain tax advantages.

  • Rehabilitative Maintenance: Also known as “reviewable maintenance” or “periodic maintenance,” this type of support may be paid for a short, fixed period of time or an indefinite amount of time. A case may be reviewed periodically to determine whether continued maintenance payments are necessary.

The purpose of spousal maintenance is not to punish or reward spouses but to allow a person to maintain their lifestyle after the end of their marriage. This kind of financial assistance is intended for lower-earning spouses, and it can help them make the transition to single life and give them time to get back on their feet and become self-supporting.

Every divorce is unique, and in some cases, the spouses can settle the terms of maintenance on their own. However, if a couple cannot come to an agreement on spousal support, they will have to resolve the issue through litigation in court, and a judge will decide whether to award maintenance. In either case, it is important to have an experienced attorney on your side to ensure that all applicable factors are taken into account and that maintenance is determined correctly.

Contact a Wheaton Divorce Attorney

Going from being a married spouse to a single person can be a difficult transition. Not only do you have to deal with the emotional toll a divorce takes, but you may have to relocate and get a job to make ends meet. If you are worried about how to move on financially after the end of your marriage, you may be entitled to spousal support. Our skilled DuPage County spousal maintenance lawyers will help you determine your eligibility for maintenance and advocate for you to receive the support you need. Call the Andrew Cores Family Law Group today at 630-871-1002 to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

 

How Can a Spousal Support Order Be Modified in Illinois?

DuPage County spousal support modification lawyerAlthough divorce is a fairly common occurrence these days, every couple’s situation is unique. In some cases, spousal support/maintenance may be awarded to one spouse. Under Illinois law, the court considers various factors when determining whether to award maintenance (also known as alimony), and the law provides guidelines for calculating the amount and duration of support payments. Orders can be modified, however, if a substantial change warrants it. To request a modification of the support amount or to ask that the payments be terminated, the individual seeking the modification must file a petition with the court where the order was originally issued.

Reasons for Modification

Family situations can change due to extenuating circumstances. According to Illinois law, there are several events that constitute an automatic spousal support order modification, including:

  • Remarriage

  • Cohabitation

  • Death

If one of the ex-spouses remarries, and his or her new partner has a job, then spousal maintenance is likely not needed anymore. These considerations may also apply if the ex is now living in the same household with a new love interest, even if the new couple has not gotten married. In the event one of the ex-spouses dies, then spousal support automatically stops. It is important to note that any maintenance payments made after one of the above events took place must be repaid to the paying party by the receiving party.

Once a motion is filed to modify an existing spousal support order, the court will hear arguments from both parties. A judge will consider the following factors in order to determine if a modification of the maintenance order is justified:

  • Change in employment status of either party (job layoff or loss)

  • Efforts of the recipient to become self-supporting (payments may be lowered if he or she is not actively looking for work)

  • A change in the earning capacity of either party

  • Tax consequences of the payments for each party

  • Duration of the maintenance payments previously paid (and still to be paid) based on how long the marriage lasted

  • Property awarded to each party in the divorce (sometimes used to reduce the amount of maintenance one spouse will receive)

  • Increase or decrease in each party’s income since the original order

  • Property acquired and currently owned by each party after the divorce

  • Any other factors the court finds equitable

It is important to note that only maintenance payments expected or due after the date of the motion to modify support may be changed, even if some payments were made after the change in circumstances occurred. This differs from the scenarios in which maintenance ceases automatically.

Contact a DuPage County Spousal Maintenance Attorney

A person’s life circumstances can change in an instant. For instance, a job loss can have a significant financial impact. This is especially true if you are a single person who recently went through a divorce. The Andrew Cores Family Law Group understands how to address changes in circumstances that may warrant modifications of existing divorce orders, and we can help you reach an outcome to your case that protects your financial security. Our seasoned Wheaton, IL divorce modification lawyers are prepared to provide you with the representation you need. Call our office today at 630-871-1002 to schedule a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

 

7 Tips for Achieving an Amicable Divorce in Illinois

Naperville amicable divorce attorneyWhen someone hears the word “divorce,” it typically has a negative connotation. The break-up of a marriage can be sad, but for some couples, going their separate ways is for the best instead of staying in an unhappy union. An amicable divorce is possible if both partners are willing to compromise on certain issues. If a child is involved, the parents can work together to come to agreements on what is in the best interests of their child. This is important for such issues as allocation of parental responsibilities and parenting time.

Practical Advice for a Healthy Divorce

The following tips can help a couple who are divorcing achieve the best possible outcome for all family members:

1. Do Not Let Your Emotions Rule You

There is no denying that divorce is an emotional time. However, allowing your emotions to get the best of you does not help the situation. A moment of rage is not worth losing parental responsibility or parenting time. Think twice before you say something you might regret, since your soon-to-be ex-spouse could use it against you.

2. Learn How to Compromise

The entire divorce process is a negotiation. Difficult decisions will have to be made about who gets what. This could include marital property, as well as allocation of parental responsibilities and alimony. A true compromise takes place when each person gains and loses something. For example, the parent who will have the majority of parenting time may wish to keep the house to ensure that the children will not be uprooted.

3. Control Jealous Feelings

You have to accept that your marriage is over. If your ex has a new love interest, being bitter or angry about this is not going to help you move on with your life. You do not have to be best friends with your ex, but you can still be civil to each other. This is especially important if you and your ex have a child together. Letting go of past resentments will help everyone transition to their new lives once the divorce is final.

4. Do Not Vent on Social Media

Airing your frustration or grievances on social media accounts is not a good idea when going through a divorce. Your ex may try to use negative comments or inappropriate photos you posted as a way to prove you are an unfit parent.

5. Do Not Make Children Take Sides

One of the most important tips for having an amicable divorce is keeping the children out of disputes as much as possible. Discussing matters in front of the children puts pressure on them to take sides. Children love both of their parents, so this can be particularly painful for them. Consider their feelings by putting yourself in their shoes.

6. Join a Divorce Support Group

A support group can help you deal with the rollercoaster of emotions that accompany the end of a marriage. Talking to people who are going through the same life event can be comforting and motivating.

7. Hire an Experienced Attorney

Even if you and your spouse are parting on friendly terms, it helps to seek legal advice in order to understand all of your legal requirements and complete the necessary paperwork and documentation. A law firm with experience representing divorcing spouses can point out any potential problems in your divorce agreement and advocate for your rights throughout the divorce process.

Contact a Wheaton, IL Divorce Lawyer

A divorce does not always have to be ugly or complex. It is possible for a couple to part ways in a respectful, friendly, and fair manner. Marital assets can be divided equitably, and child-related issues can benefit both parents while still being in the best interests of the child. The Andrew Cores Family Law Group has handled many different types of divorce cases. Find out how a knowledgeable DuPage County divorce attorney can help you achieve an amicable divorce by calling our office today at 630-871-1002 to arrange a free consultation.

Source:

http://womantribune.com/9-tips-amicable-divorce/