Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney

Frequently Asked Questions (FAQs): Alimony

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When choosing a family law attorney, you probably have a number of questions. Some of our most common questions are found here. If you do no see yours listed, please contact our office directly. We are happy to help!

Alimony

Divorce is wrought with emotion, particularly if cheating occurred during the marriage. If your spouse cheated, it’s natural to assume that he or she should be punished for that and any alimony (otherwise known as maintenance) withheld. The truth, however, is that in the state of Illinois, cheating and adultery are irrelevant when it comes to divorce.

Your Schaumburg alimony lawyer Robert M. Kaplan can advise you further, depending on your specific situation. Read on for a brief discussion of the import of cheating and adultery on divorce and alimony.

Grounds for Divorce

As of January 1, 2016, the only grounds for divorce in the state of Illinois is irreconcilable differences. Essentially, this means every divorce filed after that date is considered “no fault.” Whether adultery was committed or not is irrelevant and will not be considered in the economics of the divorce, including child support, alimony, or the division of property.

Spousal Support—or Alimony

If your spouse cheated, there is no doubt it is painful. But it will not make any difference in terms of alimony that may have to be paid. It might be tempting to think that if a judge is aware one spouse was a cheater, he or she will make decisions to somehow benefit the wronged spouse. The fact is, most judges are more concerned about the relevancies in a case than to spend any time thinking about something that is completely irrelevant.

Dissipation

The only time adultery might become a factor in a divorce is if one spouse spent marital funds for nonmarital purposes. For instance, if a cheating husband purchased a condo for his girlfriend, his wife would essentially have to be paid back.

Call for a Consultation in 60194

If you are facing divorce and have questions for an alimony lawyer in Schaumburg, give us a call today for a consultation.

The maintenance tax deduction for cases finalized after December 31, 2018, has been eliminated. To account for this change in the tax law, effective January 1, 2019, Illinois’ new maintenance guidelines will be based on net income - 33 1/3% of payor’s net income minus 25% of payee’s net income capped at 40% of the parties combined net income. Maintenance guidelines will continue to be applicable up to $500,000 of combined gross income. All maintenance judgments entered prior to December 31, 2018 will continue to be deductible even if modified after December 31, 2018 unless agreed otherwise. Those awards will continue to utilize the current gross incomes guidelines of 30% of payor’s gross income minus 20% of payee’s gross income capped at 40% of the parties combined gross income. 

Contact Our 60194 Law Firm

Do you have more questions on the Maintenance Tax changes? Please contact our Schaumburg IL law firm for more information.

If you are currently going through or even considering a divorce, you likely have a number of questions that can feel overwhelming. Maintenance is often one of those questions that can cause disagreement between parties. Maintenance, Alimony, spousal support, and spousal maintenance all mean the same thing – money paid from one party to the other party based on a number of financial calculations.

Factors To Determine Alimony Support

Some of the factors considered when determining alimony support include:

  • The incomes of both parties
  • Living expenses
  • The future earning potential of both parties
  • The division of assets
  • The length of the marriage
  • Financial needs
  • Accustomed lifestyle
  • Tax implications of each party
  • Career or education implications
  • Any previous agreement between parties
  • Other factors considered relevant by the court
  • Retirement

To ensure fair treatment when considering maintenance, an experienced attorney can guide you through the process, ensure that you have not forgotten any key considerations, and make sure that all of the paperwork is filed properly and on time so that your agreement falls within the guidelines required by the court.

Contact Our 60194 Law Firm

If you require a lawyer in Schaumburg, IL or have questions about whether you require legal representation for your divorce, contact the Law Offices of Robert M. Kaplan, PC for a consultation.

Effective January 1, 2015, the State of Illinois has imposed guideline maintenance calculations, which are similar to the guideline child support laws. If your combined household income is more than $250,000 gross dollars, the new law will not have the same effect on your support.

Contact Our 60194 Law Firm

Do you have more questions on child support in Illinois? Please contact our Schaumburg IL law firm for a consultation. 

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