Determinations of spousal support can be complex. A number of factors need to be examined when calculating what amount may be appropriate. At the Law Offices of Nick Kulagin, our diligent family law lawyers have 15 years of experience assisting Kane and DuPage County residents with a broad range of issues related to divorce. You can rest assured that our Wheaton attorneys are dedicated to protecting your family, your home, and your business.Calculating Spousal Support under Illinois Law
Family courts in Illinois may order maintenance, also known as spousal support, under certain circumstances after a divorce. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the rules and regulations regarding spousal support. These payments are typically made for basic necessities, such as housing, food, and education. Spousal support can be paid in a lump sum or in installments over a certain period of time.
The court may award temporary spousal support, rehabilitative spousal support, or permanent spousal support. Temporary spousal support refers to support that typically lasts until the divorce is finalized. Rehabilitative spousal support lasts for a period of time that allows the other spouse to become financially self-sufficient. For example, the receiving spouse might eventually obtain an education or receive training for employment. Permanent spousal support lasts until the receiving spouse retires or remarries.
Spousal support is not awarded automatically in each case but only at the court’s discretion. The court may consider a number of factors when deciding what amount is appropriate, including each spouse’s financial situation, each spouse’s earning potential, each spouse’s level of education, any support that one spouse provided for the education of the other spouse, the length of the marriage, the standard of living to which each spouse is accustomed, and the tax consequences of property division.
It is important to note that under Illinois law, marital misconduct may not be considered in any determination of spousal support. For example, a court will not grant spousal support to one spouse solely because the other spouse committed adultery.
A receiving spouse getting remarried terminates the paying spouse’s obligation to pay spousal support. If the paying spouse wants to modify or terminate a current spousal support order, he or she must file a petition with the court. The paying spouse can also petition to end spousal support if the receiving spouse cohabitates with another partner. Cohabitation is defined as a relationship that has all the attributes of marriage except that the couple does not have a formal marriage license.Discuss a Family Law Matter with a Lawyer in DuPage or Kane County
At the Law Offices of Nick Kulagin, our divorce attorneys understand the importance of spousal support determinations to Kane and DuPage County residents who are going through the dissolution process. We take pride in addressing family law matters with careful attention to detail. Our attorneys can also represent people in Naperville, Hoffman Estates, Mount Prospect, and Oak Park, among other communities. Call us at 630-480-6399 or contact us online to set up a free consultation.