Tag Archive for: Spousal Maintenance

Who Gets What? Asset Division & Spousal Support in Illinois

Divorce isn’t just about signing papers—it’s about protecting your future. Whether you’re worried about who keeps the house, how retirement accounts are divided, or whether spousal support applies to your situation, understanding Illinois laws on asset division and alimony is essential to helping protect what’s rightfully yours.

At Masters Law Group, we’ve guided countless Illinois residents through complex divorce cases, making sure they receive a fair and favorable outcome. In this blog, we’ll break down key factors that influence property division and spousal support so you can make informed decisions about your future.

Let’s dive in.

Illinois Asset Division: How Property is Divided

Illinois follows an equitable distribution model, meaning property isn’t always split 50/50. Instead, the court looks at various factors to determine a fair division of assets and whether one spouse will receive financial support. Without proper guidance, you could risk losing what’s rightfully yours or paying more than necessary.

What Is Considered Marital Property?

Under Illinois law, marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title. This may include:

  • The marital home.
  • Bank accounts and investment portfolios.
  • Retirement accounts (401(k), IRAs, pensions).
  • Vehicles.
  • Business interests.
  • Debts, including mortgages and credit card balances.

Non-marital property, on the other hand, generally includes:

  • Assets owned before marriage.
  • Gifts or inheritances received by one spouse.
  • Property acquired after a legal separation.
  • A prenuptial or postnuptial agreement protects certain assets.

It’s crucial to properly classify marital and non-marital assets to help ensure a fair distribution. Working alongside a divorce attorney can help you navigate this issue.

How Does the Court Decide Asset Division?

Because Illinois is an equitable distribution state, the court considers several factors when dividing assets, including:

  • The length of the marriage.
  • Each spouse’s financial contributions.
  • The value of the property assigned to each spouse.
  • The economic circumstances of each spouse post-divorce.
  • Any existing prenuptial or postnuptial agreements.
  • Tax consequences of property division.

While some cases are settled amicably through negotiation or mediation, others require litigation to resolve disputes. Masters Law Group provides skilled advocacy to help protect your best interests, whether inside or outside the courtroom.

Understanding Spousal Maintenance in Illinois

Spousal maintenance, or alimony, is designed to help the lower-earning spouse maintain financial stability after divorce. While not every divorce results in spousal support, Illinois courts may award maintenance based on specific factors. Here are just a few of those factors:

  • Current and future income of each party.
  • Current and future financial needs of each party.
  • Standard of living during the marriage.
  • Length of Marriage.
  • Marital agreements such as prenup or postnup.

Illinois law provides a formula for determining maintenance in cases where combined gross income is under $500,000:

(33% of the paying spouse’s net income) – (25% of the receiving spouse’s net income) = Maintenance Amount
The recipient’s income (including maintenance) cannot exceed 40% of the couple’s combined income.

However, judges can deviate from these calculations in unique circumstances. It’s important to remember that each case is different; as such, the court considers a wide range of factors. Working alongside a trusted divorce attorney can help you navigate your spousal maintenance needs.

Types of Spousal Support in Illinois

Not all spousal support is the same. Illinois law recognizes different types of maintenance, depending on the marriage’s circumstances and the spouses’ financial needs. The type of support awarded can vary based on factors such as the length of the marriage, each spouse’s earning potential, and the financial independence goal of the lower-earning spouse.

Whether the support is temporary, long-term, or subject to modification, the court carefully evaluates each case to determine the most appropriate type of maintenance. Here are the primary forms of spousal support recognized in Illinois:

  1. Temporary Maintenance: Awarded during divorce proceedings to support the lower-earning spouse until a final settlement is reached.
  2. Fixed-Term Maintenance: Ordered for a set period, typically when the receiving spouse is expected to become financially independent.
  3. Reviewable Maintenance: Subject to periodic review, allowing modifications based on changes in financial circumstances.
  4. Permanent Maintenance – Rare but awarded in long-term marriages where one spouse cannot support themselves due to age or health.
  5. Rehabilitative Maintenance – Provided to help a spouse pursue education or job training to regain financial independence.

Modifying Spousal Maintenance in Illinois

Divorce is a complex and deeply personal matter, and financial circumstances can change over time. If you need to modify a spousal maintenance (alimony) agreement, having an experienced attorney is essential. In Illinois, maintenance awards can be adjusted under certain conditions, including:

  • If the paying spouse’s income goes down.
  • If the paying spouse or recipient spouse experiences a dramatic increase in their cost of living (e.g., unexpected illness or medical bills).
  • If the recipient-spouse cannot become self-supporting or experiences other financial strains beyond control.

If your financial situation has changed and you need to update or modify your maintenance agreement, contact the trusted divorce attorneys at Masters Law Group for skilled legal guidance.

Final Thoughts

Divorce is a challenging process, but you don’t have to navigate it alone. Whether you are concerned about asset division, spousal support, or enforcing your legal rights, Masters Law Group is here to provide skilled legal guidance and dedicated representation.

Our team understands the complexities of Illinois family law and will work tirelessly to help you achieve a fair and favorable outcome. If you are facing divorce and need experienced legal counsel, don’t hesitate to get in touch.

Contact us today to set up your complimentary consultation.

Illinois Asset Division & Spousal Support FAQs

How can I guarantee a fair division of assets in my divorce?

Our attorneys will work closely with you to identify and classify marital and non-marital property. We advocate for a fair distribution that protects your best interests, whether through divorce mediation or litigation.

What if my spouse is hiding assets?

Hidden assets can significantly impact property division and spousal support calculations. At Masters Law Group, we use forensic accountants, legal discovery tools, and subpoenas to:

  • Uncover hidden bank accounts, cryptocurrency, and offshore investments.
  • Investigate underreported income or concealed business earnings.
  • Help ensure complete financial transparency before settling.

If you suspect your spouse is concealing assets, seeking legal guidance immediately is crucial.

Can I modify or terminate spousal support?

You can petition for a modification if there’s a significant change in financial circumstances. Common reasons include:

  • Job loss or income reduction of the paying spouse.
  • Remarriage or cohabitation of the receiving spouse.
  • Retirement or health issues affecting financial stability.

Our trusted divorce attorneys can help you file a modification request, provide supporting documentation, and represent you in court if necessary.

Will I have to go to court for my divorce settlement?

Not necessarily. Many cases are resolved through mediation or negotiation, avoiding lengthy court battles. However, our award-winning attorneys are prepared to advocate for you in court if litigation is necessary.

Legal Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Each case is unique, and laws are subject to change. If you are facing a legal issue, consult with the qualified family law attorneys at Masters Law Group to discuss your situation.

Emotional vs. Legal Impact: What Really Matters in an Infidelity-Related Divorce?

Infidelity-related divorce is one of the most painful betrayals in a marriage, often leading to heartbreak, anger, and the collapse of trust. According to the American Psychological Association (APA), adultery plays a role in 20–40% of divorces—but does it actually impact the legal outcome of a divorce?

In Illinois, as in many other states, the emotional devastation caused by an affair and its legal implications are two separate matters. While cheating can end a marriage, it may not significantly influence decisions regarding property division, spousal support, or parental responsibilities.

This blog breaks down the emotional and legal aspects of infidelity-related divorces, helping you understand what truly matters when dissolving a marriage due to adultery. Here’s what you need to know.

The Emotional Toll of Infidelity-Related Divorce

Discovering a partner’s infidelity can be an emotionally overwhelming experience, often triggering a whirlwind of feelings that can make the divorce process even more challenging. While every person copes differently, certain emotional responses are common. Understanding these emotions can help you process your feelings and make informed decisions as you move forward.

Some of the most common emotional effects of adultery include:

  • Betrayal and Loss of Trust: Trust is the foundation of any strong marriage, and an affair can completely erode that foundation.
  • Anger and Resentment: Many spouses feel overwhelming anger and betrayal, leading to intense emotional conflicts.
  • Guilt and Shame: The spouse who engaged in the affair may experience guilt, while the other may feel embarrassment or blame themselves.
  • Depression and Emotional Distress: The end of a marriage, especially due to adultery, can lead to anxiety, depression, or even trauma.

Because of these strong emotions, infidelity-related divorces can quickly become contentious. However, separating the emotional pain from the legal realities of divorce in Illinois is important.

The Legal Impact of Infidelity in an Illinois Divorce

Illinois is a no-fault divorce state, meaning that the court does not consider marital misconduct—such as adultery—when granting a divorce. Instead, divorces in Illinois are based on irreconcilable differences as the sole ground for the dissolution of marriage. However, this does not mean that infidelity has no impact at all. Let’s break down the key legal factors:

1. Property and Asset Division

One of the most common questions in adultery-related divorces is whether a cheating spouse will lose financial assets or property as a result of their affair. In Illinois, the answer is typically no. Under 750 ILCS 5/503 (Illinois Marriage and Dissolution of Marriage Act), marital property is divided based on equitable distribution rather than fault. 

This means assets are divided fairly, but not necessarily equally, based on factors such as:

  • Each spouse’s financial contributions.
  • Future earning potential.
  • Non-financial contributions (e.g., raising children, managing the household).
  • The economic circumstances of each spouse post-divorce.

However, if a spouse used marital funds to support an extramarital affair—such as buying gifts, vacations, or even rent for a lover—this could impact the property division. The court may require reimbursement of dissipation of assets, meaning the cheating spouse must repay the marital estate for money spent on the affair. Working with a trusted divorce attorney can help you navigate this difficult landscape.

2. Spousal Maintenance (Alimony)

Illinois courts determine spousal maintenance (alimony) based on financial factors, not misconduct. Under 750 ILCS 5/504, judges consider:

  • The length of the marriage
  • Each spouse’s income and financial needs
  • Standard of living during the marriage
  • Contributions to the marriage (e.g., one spouse staying home to raise children)

Adultery alone does not directly impact alimony payments. However, if an affair significantly affects the financial dynamics of the marriage—such as one spouse quitting their job due to the emotional distress of infidelity—it may be considered indirectly.

3. Allocation of Parental Responsibilities

When children are involved, emotions often run even higher. However, Illinois law prioritizes the child’s best interests over the reasons behind the divorce. Courts determine parenting time and parental responsibilities based on the following:

  • The child’s relationship with each parent.
  • Each parent’s ability to provide a stable home.
  • The physical and mental health of both parents.
  • Willingness to facilitate a healthy co-parenting relationship.

Infidelity, on its own, does not affect parental responsibilities unless it directly impacts the child’s well-being. For example, if a parent’s affair exposed the child to an unsafe or inappropriate environment, the court might factor that into decisions.

4. Emotional Distress Claims and Lawsuits

While rare, some spouses attempt to file lawsuits for intentional infliction of emotional distress due to an affair. However, these cases are difficult to prove in Illinois courts and are generally unsuccessful unless extreme harm can be demonstrated. Additionally, Illinois abolished alienation of affection lawsuits, meaning a spouse cannot sue their partner’s lover for “stealing” them away.

Navigating an Infidelity-Related Divorce

If you are considering divorce due to adultery, it is essential to approach the situation strategically rather than emotionally. Here are some steps to take:

  1. Seek Emotional Support

Divorce is not just a legal process—it’s an emotional journey. Consider:

  • Therapy or counseling to process emotions healthily.
  • Support groups or talking to others who have experienced infidelity-related divorces.
  • Legal guidance to keep emotions separate from legal decisions.
  1. Gather Financial Documentation

If you believe your spouse used marital funds to support an affair, it’s crucial to collect evidence that proves financial misconduct. Keep records of credit card statements, bank transactions, and travel records. Clear documentation can strengthen your case and help you recover dissipated assets in court. Masters Law Group can assist in uncovering financial irregularities and ensuring a fair property division in your divorce.

  1. Focus on a Fair Settlement

Instead of letting emotions drive your decisions, prioritize securing a fair outcome.  A cooperative approach such as mediation can lead to a smoother and faster divorce, helping you confidently move forward. Masters Law Group can guide you through negotiations to help you achieve a settlement that protects your best interests.

  1. Hire an Experienced Divorce Attorney

A skilled divorce lawyer ensures your rights are protected and you are not making emotional decisions that could harm your financial future. Masters Law Group provides strategic legal guidance to help you achieve the best possible outcome in your divorce.

Working With Masters Law Group

While the emotional impact of adultery is undeniable, its legal significance in Illinois divorce cases is often less than people expect. The courts focus on fair financial division, child welfare, and equitable outcomes rather than assigning blame for the breakdown of a marriage.

At Masters Law Group, our experienced Chicago divorce attorneys understand the complexities of infidelity-related divorces. We provide compassionate and strategic legal counsel to help you confidently move forward.

Contact us today to schedule your complimentary consultation.

FAQs About Infidelity and Divorce in Illinois

Can I get more money in my divorce if my spouse cheated?

Not necessarily. Illinois does not punish spouses for adultery when dividing assets or awarding spousal support. However, if your spouse wasted marital assets on an affair, you may be entitled to reimbursement. Masters Law Group can help you gather evidence of financial misconduct and fight for a fair division of assets, ensuring that your financial future is protected.

Can I get full custody if my spouse is unfaithful?

Infidelity alone is not a determining factor in the allocation of parental responsibilities. The court focuses on the child’s best interests, evaluating parenting ability, stability, and well-being. However, if your spouse’s affair negatively impacts your child—such as exposing them to unsafe environments or neglect—this could be a relevant factor. Masters Law Group can help you build a strong case that prioritizes your child’s safety and helps ensure their best interests are at the forefront of decisions.

Can my spouse’s lover be held legally responsible?

In Illinois, it’s unlikely that you can pursue legal action against your spouse’s lover. Illinois is a “no-fault” divorce state, which means that marital misconduct like adultery is not generally considered in divorce proceedings. However, you can consider divorce if your spouse’s affair is affecting you or your family. Masters Law Group can guide you through legal strategies that protect your financial and parental rights in divorce.

Should I mention adultery in my divorce petition?

Since Illinois is a no-fault divorce state, mentioning adultery in the petition is unnecessary. Instead, divorces are filed based on irreconcilable differences. Our award-winning divorce attorneys can help you focus on the factors that impact your case, streamlining the divorce process and helping protect your legal interests.

Can I use evidence of an affair in court?

While infidelity is not grounds for divorce, proof of financial misconduct related to the affair (such as dissipation of assets) may be used in property division cases. Masters Law Group has extensive experience in uncovering financial mismanagement in divorce cases and will work to help you receive what is rightfully yours.

Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every divorce case is unique, and legal outcomes can vary based on individual circumstances. Consult with the qualified divorce attorneys at Masters Law Group for specific advice tailored to your situation.

Setting Boundaries to Reduce Stress During and After Divorce

November 6th is National Stress Awareness Day—the perfect time to focus on life’s most overwhelming challenges. When it comes to family law issues, one key area that can bring extreme tension to families across the United States: Divorce.

According to the Holmes and Rahe stress scale, divorce ranks as the second most stressful life event, surpassed only by the death of a spouse. Marital separation follows closely in third place, highlighting just how emotionally taxing these life transitions can be. This scale emphasizes the profound impact major life changes can have on mental, emotional, and physical health. Divorce, in particular, affects all aspects of well-being.

At Masters Law Group, we understand how stressful the divorce journey can be. In this blog, we’ll provide practical tips to help you protect your rights and well-being throughout the process. Here’s what you need to know.

Why Reducing Stress Is Essential During Divorce

Divorce is more than just ending a marriage—it is a life-altering event that affects nearly every facet of daily living, from finances and home life to relationships with family and friends. The psychological strain it places on individuals can manifest in many ways, including:

  • Emotional Exhaustion: The constant emotional rollercoaster can leave you feeling drained, making it difficult to handle the legal and practical aspects of the divorce process.
  • Poor Decision-Making: High levels of stress often cloud judgment, potentially leading to decisions made out of emotion rather than logic—decisions that can have long-lasting financial or familial repercussions.
  • Physical Health Issues: Stress has been linked to numerous physical ailments, from sleep disturbances and high blood pressure to a weakened immune system and heart problems. Prolonged stress during divorce can exacerbate these conditions, leaving you even more vulnerable.

Reducing stress during divorce isn’t just a matter of comfort—it’s necessary for your overall well-being. Finding ways to manage and minimize stress will help you make clearer decisions, protect your health, and regain control as you move forward. Let’s take a look at how boundary setting can help reduce stress.

How Boundaries Help Reduce Divorce Stress

While stress is inevitable during divorce, there are concrete steps you can take to manage it. One of the most effective strategies is setting boundaries. Boundaries help protect your emotional space and enable you to maintain control. Here are some practical ways to set boundaries:

  1. Boundaries with Your Ex-Spouse: By limiting how and when you communicate with your ex-spouse, you help protect yourself from unnecessary emotional confrontations. It can be beneficial to keep conversations focused on practical matters to avoid rehashing personal issues.
  2. Boundaries with Family and Friends: Although your loved ones mean well, too much advice or interference can overwhelm you. Establishing boundaries with family and friends can help reduce the pressure of external opinions and allow you to focus on what’s best for your situation.
  3. Co-Parenting Boundaries: Co-parenting is a long-term commitment that requires boundaries to keep the focus on your children’s well-being. A clear and concise parenting plan can help make visitation and decision-making smoother for you and your children.

Practical Ways to Reduce Stress During Divorce

It’s crucial to adopt strategies that prioritize your mental and emotional well-being. Below are some actionable steps to help reduce stress:

1. Focus on What You Can Control

Divorce often feels like a whirlwind of uncontrollable events, but focusing on the aspects you can control can greatly reduce stress. This includes managing your responsibilities, staying organized, and making decisions based on what’s best for you and your future. Working with a law firm like Masters Law Group can help give you a sense of stability as we guide you through the legal process, allowing you to focus on other aspects of your life.

2. Practice Self-Care

Self-care isn’t just pampering; it’s about maintaining emotional resilience and overall well-being. When you’re emotionally depleted, it becomes harder to make clear decisions and face the challenges of divorce. Meditation, adequate sleep, regular exercise, and therapy can help you process your emotions and develop effective coping strategies. Remember, self-care is not selfish—it’s essential for helping navigate the difficulties of divorce and preparing for the next chapter of your life.

3. Seek Emotional Support

Whether through friends, family, or a therapist, having a strong support system can make a difference. Letting go of anger and resentment is a cornerstone of a peaceful divorce. Instead of harboring feelings of revenge or striving to “win” the divorce, focus on achieving fairness and equity for both parties. Getting the help of an experienced divorce attorney can help you further embrace these principles and lead to a more constructive and less acrimonious divorce process.

4. Rely on Professional Support

During the divorce process, it’s important to have a knowledgeable and experienced legal team to guide you through the complexities. Letting professionals handle the legal details lets you focus on your emotional recovery rather than getting caught up in disputes. Opting for mediation instead of a traditional courtroom battle can significantly help reduce stress and promote cooperation.

Mediation can be an effective option for couples willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce. A divorce attorney can represent you during these processes, working to reach a fair and mutually acceptable settlement with your spouse.

Reducing Post-Divorce Stress

The end of the legal process doesn’t necessarily mean the end of stress. Post-divorce life can bring challenges, but prioritizing stress management can help you adjust to your new reality.

  • Create a New Routine: Establishing a new daily routine can create a sense of normalcy and help reduce the feelings of chaos that often accompany life post-divorce. A structured schedule can help you manage your time and focus on rebuilding your life.
  • Reassess Your Financial Situation: Financial stress is a major concern during and after divorce. A divorce attorney can help you understand your legal and financial responsibilities and establish financial stability.
  • Take Time for Self-Reflection: Divorce doesn’t have to be an emotionally draining experience. Reflecting on what you’ve learned and setting new goals for your future can help turn a difficult chapter into a new beginning.

How Masters Law Group Can Help

At Masters Law Group, our DuPage-based Divorce Attorneys provide comprehensive legal representation in all areas of family law, including divorce, allocation of parental responsibilities, spousal support, and property division. We understand that each divorce case is unique, so we take a personalized approach to every client’s situation. From high-conflict separations to amicable agreements, our experienced team is skilled in navigating the legal complexities while helping ensure your rights and mental well-being are protected.

We know how emotionally draining divorce can be, so we offer support at every stage of the process. Whether it’s helping you establish fair co-parenting plans or advocating for fair financial settlements, our goal is to help reduce the emotional toll of divorce. By helping you set clear boundaries, you can mitigate the stress, allowing you to focus on rebuilding your life and embracing the future ahead.

Final Thoughts

This National Stress Awareness Day, take the time to reflect on how setting boundaries can help you manage stress during your divorce and in the aftermath. As you navigate this challenging time, remember you don’t have to do it alone. Our team at Masters Law Group is here to help you manage both the legal and emotional aspects of divorce.

Contact us today for your complimentary consultation and take the first step toward a healthier, stress-managed future. 

Disclaimer: The content of this blog is intended for informational purposes only and should not be considered as legal advice. While the attorneys at Masters Law Group are fully qualified to handle your legal matters, every situation is unique, and legal advice should be tailored to the specific circumstances of your case. We encourage you to consult with one of our experienced attorneys for personalized legal guidance. Reading this blog does not establish an attorney-client relationship. For professional legal assistance, please contact the DuPage Divorce Attorneys at Masters Law Group directly.

What to Expect: Spousal Support and Alimony in Illinois

Divorce is a life-altering event that can bring significant changes, not just emotionally but financially as well. One of the most crucial aspects is alimony—known as “spousal maintenance” in Illinois. This process provides financial support to a spouse during and after a divorce. 

 Whether you’re paying or receiving, understanding the details of spousal support is essential. With the guidance of an experienced DuPage divorce attorney, you can confidently navigate these challenges. Here’s what you need to know.

Understanding Spousal Support in Illinois

Spousal maintenance in Illinois is based on a simple principle: one spouse’s need for support and the other spouse’s ability to pay. However, the specifics can vary depending on whether the support is temporary or long-term. The goal of alimony is to help the lower-earning spouse maintain a lifestyle similar to what they had during the marriage. Illinois law provides for several types of spousal support:

  1. Temporary Support: This is awarded during the divorce proceedings and is designed to help the recipient spouse maintain financial stability until a final divorce decree is issued.
  2. Fixed-Term Support: This type of support is awarded for a set period and is often used in cases where the recipient needs time to become self-sufficient, such as pursuing education or re-entering the workforce.
  3. Reviewable Support: This support is awarded for a specific period, after which it is subject to review. The court will reassess the situation to determine if continued support is necessary.
  4. Indefinite Support: This type of support may be awarded in cases where the recipient spouse cannot achieve self-sufficiency due to age, illness, or disability.

How is Spousal Support Determined?

Illinois courts consider several factors when determining whether to award spousal support and, if so, the amount and duration. Some of the key factors include:

  • Duration of the marriage: Longer marriages are more likely to result in spousal support awards, especially when spouses have a significant income disparity.
  • Income and property of each spouse: The court examines their financial situation, including income, property, and earning potential.
  • Standard of living: The court considers the standard of living established during the marriage and aims to ensure that both spouses can maintain a similar lifestyle post-divorce.
  • Age and health: Both spouses’ age and physical condition determine the necessity and duration of support.
  • Contributions to the marriage: The court also considers non-financial contributions, such as homemaking and child-rearing.
  • Future earning capacity: The court may consider both spouses’ potential earning capacity, including any sacrifices made by one spouse to further the education or career of the other.

Modifying or Terminating Spousal Support

The duration of spousal support in Illinois is typically based on the length of the marriage. Illinois law has a formula to help determine the duration of support. This formula can be calculated as a percentage of the number of years the marriage lasted. For example, a marriage that lasts less than five years may result in spousal support equal to 20% of the length of the marriage.

However, the court has discretion to adjust this duration based on the unique circumstances of each case. Spousal support orders are not necessarily permanent. In Illinois, spousal support can be modified or terminated under certain conditions, such as:

  • Change in financial circumstances: If either spouse experiences a significant change in financial circumstances, the court may modify the support order.
  • Cohabitation: If the recipient spouse begins cohabitating with another person in a marriage-like relationship, the paying spouse may seek to terminate the support order.
  • Remarriage: If the recipient spouse remarries, spousal support typically terminates automatically.

How Masters Law Group Can Help

Divorce is a complex and emotionally charged journey that requires assistance from a seasoned divorce attorney. At Masters Law Group, our experienced DuPage divorce attorneys are here to provide valuable assistance, helping to ensure that your rights and the best interests of your children remain at the forefront of every decision. Here are some crucial areas where we can help guide you:

  • Personalized Legal Advice: We understand that every divorce case is unique. We provide personalized legal advice tailored to your circumstances to help protect your rights and best interests.
  • Negotiation and Mediation: Our skilled attorneys are experienced in negotiation and mediation, helping you reach a fair and amicable spousal support agreement without needing contentious court battles. 
  • Court Representation: If your case goes to court, you can rely on our attorneys to represent you with tenacity and professionalism, presenting a compelling case on your behalf.
  • Post-Divorce Modifications: Life changes, and so can spousal support orders. Whether you need to modify or terminate an existing support order, we can guide you through the process and advocate for your needs.

Working alongside a DuPage divorce attorney, you can confidently navigate the complexities of divorce and reduce the stress associated with the process. Your rights and the well-being of your family are our top priorities.

Final Thoughts

Spousal maintenance is a critical aspect of divorce that can significantly impact your financial future. Understanding what to expect and having the right legal representation is essential to help ensure a fair outcome.

At Masters Law Group, our family law attorneys can help protect your rights during this challenging time. With a focus on helping clients in DuPage County and beyond, our practice is committed to providing a comprehensive suite of services to support parents, children, and families during challenging periods like divorce.

Contact our DuPage divorce attorneys today and schedule your complimentary consultation.

Understanding Spousal Support (Ailimony) in Illinois

When a marriage ends in divorce, couples need to try to come to an agreement as to the settlement terms. In addition to deciding the many issues regarding the children and distributing assets and debts, some spouses may also need to obtain spousal support.

Most people are very concerned about the amount of a spousal maintenance award or about how long the support obligation will last. However, the first question that must be asked is whether an award for maintenance is even appropriate.

Illinois courts have the authority to grant spousal maintenance, (alimony), to financially disadvantaged individuals when deemed appropriate. Maintenance is important because it ensures that both parties are able to maintain a secure lifestyle after the divorce.

Courts take into consideration several factors when determining the amount granted for spousal support. In this article, our Chicago Divorce Lawyers at Masters Law Group will provide insight on spousal support laws in Illinois, and steps you should take in your divorce to ensure you’re being treated fairly.

Are You Eligible to Receive Maintenance in Illinois?

Most people are very concerned about the amount of a spousal maintenance award or about how long the support obligation will last. However, the first question that must be asked is whether an award for maintenance is even appropriate. Spousal support is governed in Section 504 by the Illinois Marriage and Dissolution of Marriage Act. As mentioned above, the court must determine whether they can award maintenance based on the facts of your case. Here are just a few of those factors:

  • Current and future income of each party
  • Current and future financial needs of each party
  • Standard of living during the marriage
  • Length of Marriage
  • Marital agreements such as prenup or postnup

It’s important to remember that each case is different, as such the court takes a wide range of factors into consideration.

How Long Will You Receive Maintenance and How Much you Can Expect

Divorce doesn’t have to be a difficult process, but it can be made even more complicated by the way Illinois law handles maintenance.

The state of Illinois has a formula that determines the amount and duration of any maintenance award. This formula is based on the income of both spouses, as well as the length of the marriage and when divorce was filed.

If you are considering filing for divorce in Illinois, it’s important to understand these laws and what they mean for you. It is also best practice to consult a family law attorney before filing for divorce—not only will this ensure that you’re aware of your rights and responsibilities, it will also give you access to legal advice from someone who knows how things work in this state.

Modification of Maintenance in Illinois

Family law is a sensitive and complicated subject. It’s important to have the right attorney on your side, especially if you are seeking modification of a maintenance agreement. Illinois maintenance (spousal support) awards can be modified based on the following circumstances:

  • If the paying-spouse’s income goes down.
  • If the paying-spouse or recipient-spouse experiences a dramatic increase in their cost of living, (e.g unexpected illness or medical bills).
  • If the recipient-spouse is unable to become self-supporting or experiences other financial strains beyond control.

If you ever need to make changes or update your maintenance, you can contact the trusted divorce attorneys at Masters Law Group.

How Masters Law Group Can Help

Divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as child support, allocation of parenting time and responsibility, spousal maintenance, and division of assets and debts.

If you need help calculating your spousal support or need help modifying your maintenance payments, the attorneys at Masters Law Group can help. 

We have a long history of legal success and know how to work with clients to get them the results they deserve. If you are wondering whether or not spousal maintenance is appropriate if you divorce, or if you think it may be time to have spousal maintenance modified due to changes in circumstances do not delay. Contact us here to speak to our experienced family law attorneys about the spousal maintenance factors involved in your situation.