One thing is for certain when it comes to law – the process, and guidelines, are always changing. For most of us, a change in a statute or law goes unnoticed. However, when you are in the middle of a litigation, knowing the updates can benefit your situation. Your attorney should be well versed in any new state law, and should be able to guide you appropriately.
The team at Gandhi Selim Law takes the responsibility of staying up to date with new guidelines in Illinois law. As we guide clients through divorce in 2018, it is especially important that we inform them of changes in Illinois law that affects maintenance as of January 1, 2018.
Here is what you may need to know if you are in the middle of a divorce this year.
Increased Combined Income
Prior to January 2018, judges used guidelines for maintenance payments if the combined income of the home was less than $250,000. Now, that amount doubles to a combined household income of $500,000. Any couple filing for divorce that has a total income of less than $500,000 will likely use guidelines to determine maintenance payments. The court could deviate from the guidelines, but must explain the reason for doing so.
A Different Duration of Payment
The court uses a formula to determine maintenance payments. This formula uses an assigned number for the length of the marriage. As of 2018, those numerical values have changed. In most cases, those values have decreased. This could mean that maintenance payment duration is shortened as well, depending on the length of marriage and the court’s decision.
Permanent or Indefinite
Finally, those who are leaving a long marriage – 20 years or more – maintenance payments will continue for only as long as the marriage. Before this year, maintenance payments were considered permanent; now, the payments will continue only as long as the marriage lasted, or less.
This is a lot of information, especially when you are working through a stressful divorce. Fortunately, you don’t have to keep track of changes or numerical values placed on your marriage. That is our job. Give us a call to set up a free consultation so that we can learn more about you and your situation.
We look forward to guiding you through this difficult time and advocating for your best interests. Let’s get started together.