Kane County Spousal Support Lawyers

Attorneys Assisting Clients with Alimony Concerns in Geneva, Batavia and St. Charles

McSwain Rapp Law, LLC knows that the financial consequences of divorce are often among our clients' top concerns. One issue that can be the source of considerable contention during divorce is alimony, or as it is known in Illinois law, spousal maintenance. Maintenance payments can help a lesser-earning spouse avoid the harsh financial implications that would otherwise be caused by the divorce. However, some spouses attempt to gain more than their fair share of spousal maintenance. Whether you are the higher-earning spouse being asked to pay or the lower-earning spouse looking to receive spousal maintenance, our dedicated team of legal professionals will ensure that your rights are fully protected throughout the divorce process.

When is Maintenance Awarded in an Illinois Divorce?

Spousal maintenance is typically awarded when there is a large discrepancy in the income or employability of divorcing spouses. Maintenance may also be established through a valid prenuptial agreement or postnuptial agreement. In Illinois, spousal maintenance decisions are made based on many different factors, including:

• Each spouse's income, current and future earning potential, and financial needs;
• The age and health of each spouse;
• Any negative effect on a spouse's earning potential caused by the time he or she took to care for the home or family;
• Contributions that a spouse made to the advancement of the other spouse's education or career;
• The duration of the marriage and standard of living established during the marriage;
• The amount of time it would reasonably take the spouse seeking maintenance to gain the education or training needed to gain suitable employment;
• Parenting arrangements;
• Whether additional marital property was allotted in lieu of maintenance; and
• Tax consequences of spousal support.

In some divorce cases, a spouse will attempt to manipulate spousal support determinations by falsifying financial information. A spouse may attempt to hide assets, undervalue property, fail to report business revenue, or inflate debts and expenses in order to reduce his or her spousal support obligation. McSwain Rapp Law, LLC knows the tricks that spouses use to try to hide assets and we have the resources and tools to uncover the truth.

Determining the Amount and Duration of Spousal Maintenance

The dollar amount of maintenance payments is typically determined by a statutory formula if the couple's combined income is less than $500,000. The formula for calculating spousal support is 33 1/3 percent of the payer spouse's net income minus 25 percent of the recipient spouse's net income. The maintenance amount must be less than 40 percent of the spouses' combined gross income when added to the recipient's gross income. If the couple's income is above the $500,000 threshold, maintenance determinations may deviate from this formula.

The length of a spousal support order is generally determined by how long the couple was married. The longer a couple was married, the longer the recipient spouse is entitled to maintenance. If a couple is divorcing after 20 years of marriage or more, it is possible that permanent maintenance may be awarded. Maintenance automatically terminates if the recipient spouse gets married again. The support order could also be terminated if the recipient spouse cohabitates with his or her significant other. Spousal maintenance may also be modified if substantial changes in a spouse's circumstances necessitate the modification.

Call us at 630-581-2877 Today

If you want to learn more about whether you or your spouse are entitled to spousal support, contact our office today. Call us at 630-581-2877 and schedule a free consultation and case review with McSwain Rapp Law, LLC. Our team represents clients in Geneva, St. Charles, Elburn, Elgin, Batavia, Wheaton, Naperville, Kane County, DuPage County, Kendall County, and the neighboring areas.