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Merel Family Law: Our seasoned alimony lawyers, your peace of mind
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Divorces are painful enough. Don’t let financial security become more difficult than it has to be with an alimony lawyer from Merel Family Law. A brighter financial future begins with a confidential, straightforward conversation.
Let’s face it, divorces often determine financial futures and can be particularly devastating and unfair to lower-wage- or non-wage-earning spouses. If your case is handled incorrectly, you’ll likely move on with long-lasting emotional and financial trauma that will unfairly diminish quality of life.
How is Alimony Calculated in Chicago?
Guideline: take 33.33% of the payor’s net annual income, minus 25% of the payee’s net annual income. The result of this can’t leave the payee with more than 40% of the combined net income of the parties (if so, it will be capped).
If the combined income of the parties is over $500k, then this calculation does not necessarily apply, and the court has discretion to order maintenance as it sees fit based on a number of factors and circumstances.
What is the Duration of Alimony in Chicago?
To determine duration, you take the length of the marriage (which is the date of marriage to the date of either parties filing for divorce) and multiply it by the following:
- (.20) if marriage is less than 5 years
- (.24) 5-6 years
- (.28) 6-7 years
- (.32) 7-8 years
- (.36) 8-9 years
- (.40) 9-10 years
- (.44) 10-11 years
- (.48) 11-12 years
- (.52) 12-13 years
- (.56) 13-14 years
- (.60) 14-15 years
- (.64) 15-16 years
- (.68) 16 -17 years
- (.72) 17-18 years
- (.76) 18-19 years
- (.80) 19-20 years
Over 20 years: length equal to the length of marriage, or potentially indefinite. Based on this, it is important to file before you hit your next anniversary because it will result in a shorter duration of maintenance.
Similarly, if over that $500k combined income, the duration won’t necessarily apply.
How To Modify Alimony in Chicago?
Generally speaking, the “magic” trigger to whether or not the maintenance obligation can be modified is if a “substantial change in circumstances” has occurred. There are specific factors that the court can consider in determining whether a modification is appropriate, but here are common examples: a change of the income or employment of either party; a change in the financial needs of either party; cohabitation or re-marriage of the payee.
Why Trust Merel Family Law to Handle My Alimony Case?
Our clients demand and deserve world-class legal representation, and they won’t settle for anything less. So, we prepare for every scenario, collaborate when it makes sense and fight like hell when it doesn’t. You’ll have peace of mind knowing we will never push you into a lengthy, costly and unnecessary court trial. However, we will use all legal remedies to protect your rights. We are available to be reached 24/7 and have offices in Downtown Chicago, Hinsdale, Highland Park and Detroit, so we’re easy to get in touch with in-person or otherwise.
Here’s what you should know about us:
- We Don’t Believe in Ordinary
- We’ve Worked Hard to Earn Our Reputation
- We Believe in “Winning” as Painlessly as Possible
- We’ll Help You Avoid Unnecessary Litigation
- You’ll Receive Seasoned Support
- You Can Reach Us Easily
- Meetings With Your Attorney Are Easy and Convenient
Testimonials
“They were a great firm to work with from start to finish. First off, my first contact with the office manager, Kirsten McSweeney, was very welcoming. I was able to connect with Jonathan Merel quickly and he was able to provide me with the information on how they could help and how to proceed. My attorney, Marleena Broekema, that I worked with, was awesome, efficient and understanding. She stayed on top of everything and took the time to explain the process. She also listened to my story and took whatever information was going to be crucial in my case to be used for court. She communicated very well! She is a great representation of the firm and family values! They took on a complicated case and made it work together. Thank you!” – Jessica
We Are Here for All Your Alimony Questions
No matter the issue, we’re here for you. Contact us at (312) 408-7000 or fill out a contact form by clicking the “Schedule a Consultation” button at the top of this page. We monitor our inboxes and answer the phone 24/7 to get you the help you need, when you need it.
Frequently Asked Questions
The court will consider these factors to calculate alimony:
- Income, assets, and debts of each party
- Current and future income-earning capacity of each party
- Constraints on earning capacity like lack of education
- Duration of marriage
- Standard of living during the marriage
- Child custody and parenting time arrangements
- Age and health of each party
In Illinois, alimony is calculated using a specific formula that subtracts 25% of the payee’s net income from 33.3% of the payor’s net income. However, the recipient cannot receive more than 40% of the household’s net income. This formula applies to couples with a combined gross income of up to $500,000 per year. If the combined income exceeds this amount, the courts have discretion in determining the alimony. For example, if the payer spouse earns $100,000 a year and the recipient earns $40,000, the yearly maintenance would be $23,000, which is less than 40% of their combined income. Need more information? Try our Illinois spousal support calculator to calculate alimony.
- Temporary: This type of spousal support provides for the living costs of spouses living separately during divorce proceedings and ends once the divorce is finalized.
- Fixed-term: This spousal maintenance is time-bound and typically used when one spouse needs to regain financial independence, such as through completing an educational course.
- Reviewable: This form of support is similar to fixed-term but involves a court review to ensure its continued appropriateness, with the possibility of cancellation, modification or continuing the support as ordered.
- Permanent: This order requires lifelong monthly payments from the paying spouse to the receiving spouse, typically applicable for marriages lasting 20 years or more. While codified as permanent maintenance, it should be viewed more as indefinite maintenance than permanent, as it can be modified or terminated upon a substantial change in the circumstances of the parties.
- Lump-sum: This is a one-time maintenance payment which covers the entire maintenance obligation, typically paid upon entry of a divorce decree.
Yes, a spousal maintenance order can terminate automatically if one of the spouses passes away, the receiving spouse remarries/cohabitates with a new significant other or if the maintenance order is completed.
In every case, it takes a village. We have a full-service staff and a large team of attorneys to help with your situation. We use a variety of attorneys, both partners and associates alike, to resolve your case and keep costs down.
A retainer is an initial deposit required by attorneys and other professionals to commence representation. The retainer covers fees (billed based on hourly rates) and expenses. If the retainer is used up, the client will be responsible for any additional fees incurred beyond the retainer. If the case is finalized and a portion of the retainer is unused, that portion will be refunded back to the client.
This is the million-dollar question, but honestly it depends on your case. Less contentious cases will incur fewer fees, and more complex cases that need more work or litigation from attorneys and staff will incur more. Retainers vary based on the type and scope of your case.
Court orders for spousal support are taken very seriously by the state of Illinois. When a spouse is not receiving their required alimony payments, penalties against the delinquent spouse can include:
- Being found in contempt of court
- Paying for opposing counsel court costs
- Extending duration of maintenance payments
- Garnishment of wages
- A lien placed on their property
Incarceration to encourage compliance with the support order
Written By Jonathan Merel
Jonathan Merel is an experienced attorney who advocates for his clients in all divorce and family law proceedings, including settlement negotiations and trials. Jonathan founded Merel Family Law in early 2009 after working for many years at another family law firm in Chicago.
