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Spousal maintenance, also known as alimony, is a payment from one spouse to the other either during divorce proceedings or afterwards. Just because one spouse makes more doesn’t mean maintenance is an automatic award. In Illinois, the courts determine if support is warranted based on such factors as each spouse’s income, property, financial need, earning potential, health and contributions during the marriage. The court’s decision may also be influenced by the length of the marriage and the standard of living the couple had established. Knowing how these factors apply to your situation is an important first step toward a fair outcome.
When Illinois maintenance guidelines apply, they give a starting point for determining the amount and duration of support. But the outcome can be influenced by far more than a mere calculation. Bonuses, overtime, self-employment income, retirement benefits, career sacrifices, and parenting duties all can add up. Courts may also depart from the guidelines if they do not fit the case. Whether you expect to pay or receive support, a careful financial review can help make sure that the arrangement you agree to reflects your real income, reasonable needs and ability to become financially independent.
Maintenance decisions can affect housing, retirement, taxes and daily expenses for years. O’Flaherty Law helps clients in Des Plaines learn about their options, gather financial information and build practical arguments for use in negotiations or in Court. We can help with temporary maintenance, final divorce orders, settlement agreements, and petitions to modify or terminate existing support. We want to be upfront and partner with you to develop a strategy based on your priorities as we work to find a solution to protect your financial future.
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The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
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They may. Illinois defines income broadly for maintenance purposes, so compensation beyond a regular salary may be considered. The court may review whether bonuses, commissions, or overtime are consistent and likely to continue. When income changes significantly from year to year, tax returns, pay records, employment agreements, and other financial documents may be used to determine a reasonable income figure. The way variable income is handled will depend on the facts of the case.
Yes. Spouses may agree that neither party will receive maintenance, or they may negotiate their own amount and duration as part of a marital settlement agreement. An agreement may also state that maintenance is non-modifiable. Because a waiver or non-modifiable provision can have lasting consequences, each spouse should carefully consider future income, health, retirement, and financial needs before accepting those terms.
Not in every dating relationship. Under Illinois law, maintenance may end when the receiving spouse cohabits with another person on a resident, continuing, conjugal basis. Courts examine the full relationship rather than relying on one fact, such as sharing an address. The length of the relationship, shared expenses, time spent together, and how the couple presents the relationship may all matter. A paying spouse should seek a court ruling rather than simply stopping payments.