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Alimony - that's spousal maintenance in Illinois - can be one of the most terrifying parts of a divorce. Whether you're looking to get support from your ex or are the one being asked to pay it, the way it all shakes out can be a big deal for your budget, long term plans and just getting your life back on track. At O'Flaherty Law, our Palatine family lawyers do their best to help clients figure out how spousal maintenance might impact them and what they can do to safeguard their financial well being.
Illinois courts don't award spousal maintenance in every single divorce. When a judge decides whether to give maintenance, they're looking at a whole bunch of stuff, including income, needs, what kind of property you both have, how capable you both are of earning a living, how long you were married, what was your standard of living while you were together, and whether one spouse put their career on hold to raise the kids. When maintenance is called for and the statutory guidelines kick in, Illinois has a formula that's based on the couple's net incomes. How long payments last is often tied to how long you were married, but every case is unique.
O'Flaherty Law offers down to earth, client centered legal guidance for folks dealing with divorce and maintenance problems in Palatine and the surrounding area. We take the time to explain your options, help you get ready for negotiations or court and work to find solutions that fit what you're looking for. Whether your case is about getting temporary support, long term support, modifying an existing order or enforcing one, our team is ready to help you make informed decisions with confidence.
Please contact our friendly lawyers to Schedule a Consultation.
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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I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

No. Alimony, or spousal maintenance, is not automatic in Illinois. The court first decides whether maintenance is appropriate based on factors such as income, financial need, earning ability, the length of the marriage, and the lifestyle established during the marriage.
When Illinois maintenance guidelines apply, the court generally uses a formula based on the paying spouse’s net income and the receiving spouse’s net income. The amount is also limited so that the receiving spouse does not end up with more than 40% of the parties’ combined net income after maintenance is added.
In some cases, yes. Spousal maintenance may be modified if there is a substantial change in circumstances, such as a major income change, job loss, retirement, or other financial shift. Maintenance may also end under certain circumstances, such as the receiving spouse’s remarriage or the death of either party.