Alimony Attorneys in Chicago
Fighting for a Fair & Favorable Resolution
Maintenance, commonly referred to as alimony, is spousal support payable from one spouse to the other during the pendency of a divorce action and/or after a divorce is finalized. Maintenance is generally awarded in situations where one spouse is not self-supporting during and/or after a divorce while the other spouse is both self-supporting and able to contribute to the other spouse’s support.
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Prior to 2015, Illinois law did not provide a specific formula by which to calculate the amount and duration of a spouse’s maintenance obligation/award. Courts were given broad discretion in determining whether maintenance was appropriate, and if so, the amount and duration by applying the numerous factors contained in Section 504(a) of the Illinois Marriage and Dissolution of Marriage Act. In 2015, the Illinois legislature revised Section 504 to include statutory guidelines (a calculation) by which to determine the amount and duration of maintenance for couples with a combined gross income of less than $250,000 per year. In the event the couple’s combined annual gross income was $250,000 or more, the courts were given discretion (applying the factors set forth in Section 504) in determining the appropriate amount and duration of the maintenance obligation/award, as was customary prior to 2015.
As of January 1, 2019, the Illinois maintenance statute was modified as a result of changes to the federal income tax laws. Prior to January 1, 2019, maintenance payments were tax deductible to the maintenance payor and taxable as income to the maintenance recipient. Consequently, Illinois maintenance calculations are not based on the net incomes of the parties. Maintenance is now calculated by taking 33.3% of the payor’s net income and subtracting 25% of the payee’s net income. However, the recipient may not receive more than 40% of the household’s net income. Additionally, Section 504 statutory calculations now apply to couples with a combined gross income of up to $500,000 per year.
Call the Law Offices of Jonathan Merel, P.C. Today
The attorneys at The Law Offices of Jonathan Merel, P.C. have both prosecuted and defended countless cases in which maintenance is a key issue. We are experienced in arguing such cases before the court when litigation is necessary and engaging in settlement negotiations when settlement hinges on the resolution of a maintenance issue.
To discuss your case with our team, please call (312) 487-2795 or complete our online contact form.