Arlington Heights Spousal Support Attorneys

Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.

Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.

Frequently Asked Questions

What factors determine spousal support in an Arlington Heights divorce?

The court first decides whether maintenance is appropriate by looking at a list of statutory factors, including each spouse’s income and property, present and future earning capacity, any career or education one spouse set aside for the household, the length of the marriage, the standard of living during it, each spouse’s age and health, and the tax consequences. If maintenance is appropriate and the guidelines apply, the formula sets the amount and the length of the marriage sets the duration, unless the court finds the guidelines would be inappropriate in your case. If your combined gross income is $500,000 or more, the guidelines do not apply and the court works from the factors instead. And if guideline maintenance plus child support would take more than half of the paying spouse’s net income, the court can set a different amount.

Can I get alimony if my spouse committed adultery?

Infidelity does not change whether maintenance is awarded or how much, because Illinois decides maintenance without regard to marital misconduct. Where it can matter is money. If a spouse spent marital funds for their own benefit on purposes unrelated to the marriage while it was breaking down, such as on an affair, the court can weigh that when it divides property, as long as the claim is raised in a formal notice before trial and falls within the statute’s time limits.^[2]

What is temporary maintenance?

Either spouse can ask the court for temporary maintenance while the divorce is pending, so the bills get paid before there is a final judgment.^[3] It is usually decided on paper, from financial affidavits, tax returns, pay stubs, and bank statements, rather than at a full hearing. A temporary order does not decide the final award, it ends when the judgment is entered, and the court has discretion to credit time spent paying temporary maintenance toward the guideline duration of the final award.

What records should I bring to my first meeting?

Bring the last few years of tax returns, recent pay stubs, and any W-2s or 1099s. If your pay includes bonuses, commissions, or stock, bring the records that show them. If you are self-employed, bring business tax returns and profit and loss statements. Add bank and retirement statements, a rough monthly budget of what you actually spend, the cost of your health insurance, and any existing support order from a prior relationship. In Cook County, most of this ends up in the Financial Affidavit each side completes, which the court treats as a mandatory disclosure in cases involving support or maintenance.^[4]

Can maintenance be changed or ended later?

Unless your agreement makes maintenance non-modifiable, an order for maintenance can be modified or terminated only on a showing of a substantial change in circumstances.^[5] Maintenance set for a fixed term ends when that term does. And unless a written agreement in your judgment says otherwise, the obligation to pay future maintenance ends if either spouse dies, if the receiving spouse remarries, or if the receiving spouse lives with someone on a resident, continuing conjugal basis.