Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney
Alimony
Individual Attention for Your Case

Our family law office can help you navigate through the Illinois alimony laws. Learn more about alimony, also called spousal support.

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Schaumburg Alimony Lawyer

Alimony Spousal Support assistanceAre you going through a divorce in Illinois? Do you worry about your divorce proceedings and the potential of alimony payments? Are you familiar with alimony laws in the Schaumburg, IL area? 

If you are feeling burdened by these questions, our family law office understands. At the Law Offices of Robert M. Kaplan, P.C., we help guide people through the divorce process every single day. Mr. Robert Kaplan, our Schaumburg, IL family law attorney, has been advising his clients regarding the nuances of divorce and family law for decades. If you have questions about the role alimony will play in your divorce, we are here to help in Schaumburg, Rolling Meadows, Hoffman Estates, and the surrounding areas.

We have compiled more information about alimony in the paragraphs below, including answers to some of our most frequently asked questions. The following is meant to be a resource in helping you better understand alimony and the purpose it serves. This information is a general guide only, as the specifics of your situation may be different, and you may need more in-depth counsel from a Schaumburg alimony attorney. If you need to retain an attorney and wish to enter into an attorney-client relationship where our law office can represent you in your divorce, please call the Law Offices of Robert M. Kaplan today at (847) 845-9477

 

Benefits of Hiring an Alimony Lawyer

Navigating alimony agreements can be challenging, especially when emotions are running high. An experienced alimony lawyer in Schaumburg ensures your rights are protected and the agreement is fair and equitable. Here’s why having an alimony lawyer on your side is a smart decision.

Fair Agreement Negotiation

Alimony agreements are complex, involving factors like income, lifestyle, and financial need. An alimony lawyer guides you through the process to ensure a fair arrangement for both parties.

Expert Knowledge of the Law

Alimony laws vary by state and can change over time. A skilled alimony lawyer understands the latest regulations and how they apply to your situation, giving you the best chance for a favorable outcome.

Protection of Your Financial Interests

An alimony lawyer works to ensure your financial stability as the paying or receiving party. They advocate for reasonable terms that account for your current and future financial needs.

Frequently Asked Questions

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 Schaumburg 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.

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 income guidelines of 30% of the payor’s gross income minus 20% of the payee’s gross income capped at 40% of the parties combined gross income. 

Contact Our Schaumburg Law Firm

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

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 Free Consultation in Schaumburg

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

What Is Alimony?

Alimony, commonly known as “spousal support,” refers to payments made by one spouse to the other spouse following a divorce. Spousal support is different from child support and is generally less well-understood because it is less common. While alimony is not an issue in every divorce, it comes up more frequently than some people think. 

Clients going through a divorce are often surprised when alimony becomes an issue and by how spousal maintenance works. Spousal support is a legal obligation that is often court-ordered. If you are ordered to pay alimony or receive alimony from your ex-spouse, it is important to take this obligation seriously. Judges have been known to enforce financial penalties or even place those in contempt of paying alimony in jail temporarily!

At the Law Offices of Robert M. Kaplan, P.C., we are committed to seeing that alimony is handled fairly in your case. We also take great care in addressing alimony as it relates to property division because the two issues are almost always intertwined. We are here to be a resource for you and to help you navigate what can sometimes be a very confusing process. Do you have questions about alimony, your divorce, or your financial situation? Give Schaumburg alimony attorney Robert M. Kaplan a call to schedule a free legal consultation at our law office. 

What Qualifies a Spouse for Alimony?

Alimony is a tool that is used to ensure that both spouses leaving a marriage after divorce do so on equal footing. For this reason, alimony payments are not ordered in every divorce case—only in situations where one spouse cannot meet their financial needs without help and support from the other spouse. 

In some cases, both spouses have full-time careers and have been making similar salaries. Alimony tends to be unnecessary in these situations. Additionally, if the marriage was unusually short, a judge may choose not to award alimony. 

In other cases, one spouse has served as the breadwinner, building their career and making an income to support the family, while the other spouse has either stayed at home to raise the family or worked a part-time or full-time job with a considerably lower income. The spouse who has not been the primary breadwinner will likely have a difficult time after the divorce because they will need to support themselves and any potential minor children who are also affected by the divorce. 

Often, the spouse who has stayed home or worked a lower-income job may not have a solid work history or as much education as the breadwinning spouse, which can make it harder to reenter the workforce and to obtain a high-paying job that can support the family. 

Alimony is designed to help level the playing field and assist this spouse as they begin their post-divorce life and starts the next chapter of their career. We talk more about the specifics of alimony in the next section, “Do alimony payments go on forever?”

Meet Our Attorney:

Schaumburg IL attorney Robert M. Kaplan

Robert M. Kaplan

Attorney Robert M. Kaplan is dedicated to assisting clients with family law, real estate law, bankruptcy law, estate planning, and probate matters. After receiving a degree in law from The University of Florida College of Law in Gainesville, and working as a Public Defender in Miami, FL, Attorney Kaplan made the move to Illinois to start his own practice in 1991.

Over 34 Years of Legal Experience 

Robert has been engaged in the practice of law for over 34 years and is licensed in both Illinois and Florida, ...

Can Alimony Payments Be Modified?

In certain situations, alimony payments can be changed. This is often necessary if one spouse, particularly the spouse receiving alimony, gets remarried or becomes disabled. It also may be necessary in cases of new jobs or loss of employment. 

It is important that, at the time of your divorce, the correct language be included in your marital settlement agreement to provide for such a potential situation. At the time of your divorce, we will see that the necessary language is included, and if a change needs to be made later on, we can help you make it.

Featured Blog Posts - Alimony

August 31, 2021

Determining Illinois Spousal Support Maintenance

main in suit staring forlornly out of window in schaumburg

What Is Spousal Maintenace, and How is it Calculated?

Alimony, or spousal maintenance, is a payment made by one spouse to another to help them pay their essential bills if they cannot. Getting a divorce does not title you to spousal maintenance. Rather, spousal maintenance must be awarded by the ...

February 23, 2018

Did You Fall For These Myths About Alimony?

In a divorce proceeding, issues such as custody and finances are often contentious—particularly when it comes to alimony. There are a lot of myths surrounding filing for spousal support, which is also known as alimony. Let take a look at some of these myths to ensure you are prepared for a meeting with your alimony lawyer in Rolling Meadows, IL.

Myth #1: Alimony Is No Longer Relevant in Today’s World

In today’s modern world, many wives also work during the marriage, but it’s just as common for one spouse to put his or her career on hold for the sake of the children. Familial obligations take ...

August 2, 2016

Alimony Defined

Gavel on top of law books in Schaumburg

In divorce situations, the court might award something called “alimony” to one of the spouses. Also called spousal support or spousal maintenance, this payment is based on an agreement between the couple or a decision made by the court. If you are looking for an alimony lawyer in ...

Schedule a Free Legal Consultation in Schaumburg

When you meet with attorney Robert M. Kaplan to discuss your divorce, he will ask you questions to learn more about how alimony may factor in your situation. He will need to know about your current employment status, your annual salary, your professional skills and education, your health, your career prospects and goals, your monthly expenses, and your standard of living within your marriage. 

The laws regarding spousal support payments are different depending on the state you live in, so it’s important to have an attorney who truly understands family law in Illinois on your side. If you need advice regarding your divorce and you live in the greater Chicago area, including Hoffman Estates, Rollings Meadows, and Schaumburg, don’t wait to contact us.

At the Law Offices of Robert M. Kaplan, we offer free legal consultations to potential new clients. To discuss your spousal support in Schaumburg, contact our attorney today

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