Spousal maintenance in Illinois is similar to child support in many respects. When setting the amount and duration of alimony payments, the judge must consider certain guidelines. At the same time, the court has considerable discretion to look beyond the guidelines and enter any orders that are necessary to a just and right division of the marital estate. Either party may request alimony, which is designed to equalize the standard of living between the ex-spouses after divorce. It is important to note that, while child support is mandatory, an award of spousal maintenance is entirely discretionary. This discussion is based on a two pronged test. First, the court must find a need for maintenance. Second, the court must determine the amount of maintenance. If the income is below $250,000, there is no discretion and the court must follow the formula.
At Glasgow & Olsson, we understand that the recipient spouse often counts on spousal maintenance to begin a new life and/or maintain a certain standard of living, while the payor spouse often wants to keep these payments as low as possible. It is the judge’s job to balance these interests, and our job to be a strong voice for you at every opportunity. This is a responsibility which we take very seriously, and we never forget that you are in charge of your case.
In Illinois, a judge must consider a rather complicated formula to establish a baseline for maintenance payments. That amount is calculated by taking 30 percent of the payor’s gross income and subtracting 20 percent of the recipient’s gross income. The amount cannot exceed 40 percent of the combined gross income. The duration of payments is calculated by applying a multiple to the number of years the marriage lasted.
For example, assume that Wanda Wife and Henry Husband are divorcing after 12 years of marriage. To devote more time to the children, Henry works part time at a local retail store earning $20,000 per year. Wanda is a full time middle manager who earns $60,000 per year. Based on the statutory formula, Henry would be entitled to $14,000 per year ($18,000 minus $4,000) for 7.2 years (12 x 0.6). This equation is the Illinois alimony law standard regarding couples with a combined income of less than $250,000.
The judge has discretion to deviate from the baseline. To order an amount or duration that departs from the guidelines, the court may consider:
These are also the factors a judge must weigh to determine if maintenance is appropriate.
In the above example, a judge may elect to award more money or extend the duration of payments, since Henry would need to establish himself in a new job, and possibly even go back to school, to enjoy a similar standard of living.
A fair alimony award is an important part of an overall divorce property settlement. For your consultation with family law attorneys who have over 50 years of combined experienced, contact us by calling 847.577.8700. Our lawyers assist clients in Schaumburg, Rolling Meadows, Barrington Hills, Palatine, Hanover Park, Hoffman Estates, and throughout the surrounding suburbs.
In a world of chaos, pain, survival of the fittest and ever increasing crime… it is critical not to just protect yourself with tools but also with the right people on your team. My choice is Glasgow & Olsson. His impeccable track record & experience makes him untouchable. With an empathetic heart, shoulder to cry on, he listens and will help you through the worst & best of times. I highly recommend him for retainment if you have a CCL, need to create a trust/will/prenuptial/power of attorney/etc., opening a business, going through a separation or custody battle or if you were involved in a crime-DUI, murder, etc. Tom’s team is THE BEST. You are welcome to use me as a referral!
Tom, I just wanted to let you know I am very happy with the outcome of my DUI case. Thank you for your hard work and for treating me as a valued client. You went above and beyond to get me the decision you got. I was hoping for that kind of decision but knew it would be difficult to get it. I don’t know of any other CDL drivers who has received a DUI and not lost their job. I would also like to mention how attentive you were. I was surprised at how fast you returned phone calls and emails. In my dealing with attorneys in the past they are usually very slow to return calls and emails, sometimes days before I heard back. It’s those types of attorneys that give attorneys a bad reputation. You are the exception to the rule and take your job serious and treat your clients in a professional manner and as an asset, You listen to their concerns and work on getting them the outcome they are looking for not just what’s the quickest and easiest solution. In my case you could have easily taken the district attorney’s offer at the first court date of supervision disregarding the summary suspension that would have occurred and then just said there is nothing I can do about the summary suspension. But you knowing my needs of retaining my job if possible chose to postpone the court date in order to try and work out the summary suspension knowing that a supervision on the criminal case wasn’t going to keep my license if I received a summary suspension anyway. That is what really set you apart from most attorneys. I think most of them would have jumped on the supervision on the criminal case without worrying about the summary suspension. Once again THANK YOU very much. Please feel free to use this letter on your website or any other promotional tool as I would highly recommend you as an attorney in any criminal case.
Out of state business professional stopped by troopers while paying toll at toll both and ultimately charged with DUI on Schaumburg, IL interstate. This charge put me in a life- changing situation and with no time to waste, I needed immediate professional counsel. I found Mr. Glasgow online and saw that his offices had outstanding client feedback. Gave Mr. Glasgow’s office a call and immediately felt like I was in good hands after the free consultation. Communication, expertise and consistency are 3 qualities this firm has mastered. In a legal crisis those qualities are essential. Anytime I called or emailed Mr. Glasgow’s office during the course of my case, I received immediate honest answers and understanding to the current status of my case. We went to trial and Judge ruled not guilty. Very satisfied with the outcome of my court case. I highly recommend Mr. Glasgow and his firm. Thanks again.
Write something… I can’t begin to say how lucky I am to have Mr. Glasgow for my attorney. That goes for all his staff too!
If you need a caring attorney who is compassionate and honest this is the firm you need to call. Nicest most caring attorney I have ever met.
Tom has been our lawyer for many years now for multiple reasons…and I want tell everyone out there that not only can this man do his job well he has exceeded all expectations. He not only takes care of your legal matters but he truly cares about his clients and their families. There are not enough words and thank yous in the world to say for what he has done for us and I feel truly blessed that we found him!!!!
Mr. Glasgow and his staff got right to work as soon as I reached out to them. From the beginning, Tom took charge and never looked back. He was direct and forward with his expectations from me as a client and took care of the rest. His commanding presence can be felt in every room he walks into and he uses his expertise to benefit every client he sees. I trust this law firm 100% with even the most personal of matters. Thank you so much for your help.
We hired Mr. Glasgow to help my son. My son was facing some possible serious consequences. Mr. Glasgow told my son he would help him and he really came through. We were extremely pleased with the outcome of my son’s case. Mr. Glasgow is a phenomenal attorney and we would recommend him in a heartbeat to anyone needing legal help.
Thomas Glasgow is absolutely the BEST attorney I have EVER met! Regardless of your legal issue, you must see him first. His sincere care for his clients, compassion, understanding, communication, knowledge, analytical mind, negotiating skills and unwavering perseverance is supreme.
I’ve never felt unsure of the outcome of any case Tom and Stephanie have represented me in. Genuine, yet tenacious attorneys with a plethora of knowledge. They have gone above and beyond all my expectations with both traffic and family court. Don’t go with any one else but this firm!