DuPage County Spousal Maintenance Attorneys

DuPage County Spousal Maintenance Lawyers

Respected Alimony Lawyers Serving Oakbrook Terrace, Elmhurst, and Hinsdale

When married couples split, there are often many complex factors to consider -- especially in a high net worth divorce. In regards to alimony, wealth created before or during the marriage may be called into question. Real estate holdings, business ventures, and extensive retirement benefits will be examined. It is essential to have experienced counsel on your side to keep your assets secure.

At Farooqi & Husain Law Office, we take great care to ensure that your rights are protected during divorce proceedings and long after the decree is complete. Our DuPage County maintenance lawyers have the knowledge and skill to represent Illinois men and women who initiate or must respond to a request for divorce. We enjoy an excellent record of success in family law and are up to date on ever-changing Illinois matrimonial statutes.

Informed Representation for Illinois Maintenance/Alimony Matters

Our approach to case handling includes a thorough explanation of how Illinois laws may impact the outcome of a divorce. As of January 1, 2015, the updated Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a standardized method for calculating maintenance. By law, there are still other factors considered when the divorce is handled through litigation, including:

  • Income and property of each party;
  • Needs of each party;
  • Present and future earning capacity;
  • Impairments to present and future earning capacity;
  • Time needed for seeking party to support himself or herself;
  • Established standard of living during the marriage;
  • Duration of the marriage;
  • Overall physical, mental and financial health of both parties;
  • Public and private income sources;
  • Tax consequences of property division on each party;
  • Contributions made by the seeking party to benefit the other spouse;
  • Any valid agreement signed by both parties; and
  • Any other factor the court deems necessary to consider.

The end goal is to determine a just outcome. Some parties opt for alternative dispute resolution (ADR), such as mediation, so that they may have more control over how maintenance will be handled. Our maintenance lawyers can assess your situation and provide various options for handling your divorce and determining appropriate alimony awards.

Calculating Maintenance in DuPage County Divorce Settlements

Maintenance guidelines help to determine the amount awarded as well as the duration of the award. This chart helps to show how the duration of award is calculated:

Length of Marriage Duration of Maintenance Award
5 years or less Multiply the length of the marriage by 20%
More than 5 years, but less than 10 years   Multiply by 40%
More than 10 years, but less than 15 years   Multiply by 60%
More than 15 years, but less than 20 years   Multiply by 80%
More than 20 years Permanent maintenance or maintenance for length of the marriage

Courts calculate the amount of maintenance by taking 30% of the payor's gross income minus 20% of the payee's gross income. When the maintenance amount is added to the payor's gross income, it may not exceed 40% of the combined gross income of both parties. It is important to note that the duration and amount of maintenance can fall outside of these guidelines if there is enough data to substantiate why a deviation is necessary. Farooqi & Husain Law Office will guide you through the process every step of the way.

Contact Experienced Divorce Lawyers

Contact our trusted DuPage County alimony attorneys today for comprehensive assistance with divorce and spousal maintenance concerns. Call 630-909-9114 to set up an initial consultation. We serve DuPage County, Oak Brook, Oakbrook Terrace, Hinsdale, Elmhurst, and surrounding communities.

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