Providing Insight Into Spousal Maintenance Issues In Divorce
The divorce process is filled with various issues that must be settled in order for the overall divorce to be finalized. This includes spousal maintenance. Also sometimes referred to as alimony or spousal support, maintenance is the amount of money paid by one spouse to the other in order to support him or her after divorce. This can be a highly contested issue in a divorce, and you should know your rights.
At The Law Office of Alyease Jones, your questions about spousal maintenance will be answered in a way that makes it easy to understand. Our founding attorney, Alyease Jones, is committed to helping our firm’s clients navigate every aspect of divorce and family law issues. Known as Lady Justice Chicago, she will pursue a resolution to your situation that is in your best interests.
Factors Considered When Determining Maintenance Eligibility
Before the court makes a determination of whether spousal maintenance is appropriate in a specific situation, the following are examples of factors that will be examined:
- Length of the marriage
- Ages of the parties
- The assets and property held by each spouse (taking into account what was divided during the property division process)
- Employability of each spouse, and whether time needs to be given for education, job training or other job skill acquisitions
- Future earning capacity of each spouse
- All potential sources of income
The length of the marriage also factors into how long spousal maintenance will need to be paid. For instance, a marriage lasting less than five years would require two years of spousal maintenance once the divorce is finalized.
Spousal Maintenance Calculations
The above facets of the case, and many others, will be carefully considered before any spousal maintenance is awarded. If spousal maintenance is deemed appropriate in your divorce, a calculation is used to determine how much is owed. In Illinois, the general guideline is:
- 33% of the payer’s net income – 25% of the payer’s net income = yearly maintenance paid
This number will then be reviewed by the courts to ensure that it is appropriate, and deviations will be made if necessary. No one spouse can earn more than 40% of the couple’s combined income due to spousal maintenance.
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