303 W. Main Street, West Dundee, IL 60118
 | 847-428-7725
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100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
By Appointment Only
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
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Algonquin Divorce and Alimony Attorneys

Pingree Grove Alimony Maintenance Divorce Attorneys

Spousal Support Lawyers Serving Kane County, Illinois

In divorce cases in which one spouse earns the majority of the income, the spouse who earns less may be entitled to a monetary award known as maintenance (formerly referred to as alimony) or spousal support. This type of support is not awarded in every case, and the eligibility and amount of support are determined by the court based on numerous factors. If you are considering a divorce, you need strong legal counsel in your corner to ensure that the alimony/maintenance awarded is fair and appropriate.

At the Law Offices of Benedict Schwarz, II P.C., we have over five decades of combined experience representing clients for divorce and other family law matters in Kane County and throughout the Chicago area. We understand that maintenance or spousal support can be an emotionally-charged issue during a divorce, and we work closely with our clients to handle this and other complex divorce issues with compassion, skill, and proficiency. Our lawyers are well-established and have been trusted by thousands of clients in our community. Our founding attorney, Benedict Schwarz, II, has been selected to be included in the annual Super Lawyers listing since 2006.

Factors to Consider When Calculating Spousal Maintenance

Maintenance is only awarded when necessary and not in all cases. First, the court must determine whether or not a maintenance award is appropriate. In doing so, all relevant factors are taken into consideration. This includes but is not limited to:

  • Duration of the marriage.
  • Income and assets of each spouse.
  • The needs of each spouse.
  • Current and future earning potential of each spouse.
  • The established standard of living during the marriage.
  • Age and health of each spouse.
  • Education and/or training level of each spouse.
  • Tax implications of asset division.
  • Any legally enforceable prenuptial or postnuptial agreements.
  • Any other factors the court finds to be just and equitable.

Once a judge has established that maintenance is appropriate in the case, the amount and the length of maintenance must be determined. A new law went into effect on January 1, 2015, that has created a complex statutory formula for setting guidelines to determine the length and amount of maintenance. This law was amended in 2018 to apply the statutory formula to couples with a combined gross income of $500,000 or below (the previous threshold was $250,000 or below). For couples with incomes in excess of $500,000, the statutory formula is not applied, and the amount of maintenance awarded is determined by the aforementioned factors.

Federal tax law changes at the end of 2017 will impact the deductibility of alimony/maintenance payments beginning on January 1, 2019. Under the current law, spousal support payments are tax-deductible for the payor and are considered taxable income for the payee. For divorces finalized in 2019 and thereafter, the payor can no longer deduct spousal maintenance payments, and the payee no longer has to declare these payments as income.

Speak With a Seasoned McHenry County Alimony Lawyer

At the Law Offices of Benedict Schwarz, II P.C., our lawyers have the knowledge and skills to effectively advise you on the issue of spousal maintenance under the new laws. We are skilled litigators and strong negotiators, and we work hard on your behalf to ensure that the amount awarded is fair, equitable, and in keeping with your best interests.

If you have questions regarding spousal support, formerly known as alimony, please contact us today at 847-428-7725. We serve clients in Kane County, McHenry County, DuPage County, Cook County/Rolling Meadows, Algonquin, Barrington, Barrington Hills, Batavia, Bull Valley, Burlington, Campton Hills, Carpentersville, Cary, Crystal Lake, Dundee, East Dundee, Elgin, Geneva, Lake in the Hills, Pingree Grove, St. Charles, South Elgin, West Chicago, West Dundee, Woodstock, and the surrounding Illinois communities.

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