Wheaton Alimony Lawyer

Wheaton Alimony Attorney

Legal issues regarding alimony often cause individuals to feel confused about their rights. Paying parties want to know if they will be forced to pay alimony, and receiving parties often want to do everything in their power to obtain alimony. A Wheaton alimony lawyer can help you determine if you need to take legal action regarding alimony payments.

About Us

Attorney David N. Schaffer of Schaffer Family Law, Ltd. has practiced family law in Illinois for more than 38 years. Coming from a family of MDs, he was taught to help others and his community.

Our firm focuses on cases involving alimony and other family law matters. We strive to make every client feel valued and recognized throughout the course of the attorney-client relationship. During an initial meeting, we can review your case and explain your rights and the law clearly so that you can understand what to expect.

The Elements Courts Weigh to Determine Alimony Payments in Illinois

Courts must analyze several different elements when assessing an alimony amount. The length of the marriage is critical because it demonstrates how much time each party has invested in the marriage relationship. The longer the parties were married, the more likely it is that alimony will be awarded. Courts want to ensure that one party does not suffer economically after spending years supporting their spouse.

The parties’ respective incomes are also analyzed by courts when deciding whether or not to award alimony. If one spouse has less earning potential than the other spouse, then the court may award alimony to help the lower-earning spouse supplement their income. Judges will review income statements, W-2s, and pay stubs to assess the financial condition of the parties.

Other elements courts consider when determining if alimony should be awarded include any real property owned by the parties, the economic needs of the parties, the parties’ respective earning capacities, the contributions the parties made to the marriage, and any prenuptial or postnuptial agreements signed by the parties. Many of these agreements contain provisions regarding alimony.

Alimony Laws in Wheaton, Illinois

Alimony laws in Illinois are often revised and updated. The most recent changes to alimony laws in Illinois went into effect in January 2025 and focus on the method used to calculate the amount of alimony payments the paying party must pay the receiving party.

For new support orders and modifications of orders entered after 2018, the court will assess 33 ⅓ percent of the paying spouse’s net income and subtract 25 percent of the receiving spouse’s net income to arrive at the alimony payment amount. This calculation is done if both parties make less than $500,000 combined and the paying party has no alimony or child support obligations from a previous relationship.

The length of time the paying spouse must pay is calculated based on the length of the marriage. If a marriage lasts 20 years or longer, the paying spouse may be required to pay alimony for an equal amount of time or indefinitely. If the parties were married less than five years, the paying party will only be required to pay alimony for 20 percent of the length of the marriage.

Hire an Alimony Lawyer in Wheaton

Choosing to hire an alimony lawyer in Wheaton is the first step toward gaining confidence and reassurance about legal issues regarding alimony payments. Our experienced legal professional can assess the facts of your case and determine an effective course of action going forward. An attorney can also safeguard and enforce your legal rights.

Family court matters in Wheaton, Illinois, are handled by the 18th Judicial Circuit Court located at the DuPage County Courthouse. A lawyer can represent you in a hearing if matters get to that point.

Wheaton Alimony Statistics

In 2025, the Illinois divorce rate was 1.1-1.3 divorces per 1,000 residents. In 2024, the divorce rate in Illinois was 1.3-1.6 divorces per 1,000 residents. The state divorce rate is well below the national average of approximately 2.5 in the United States.

FAQs

What Disqualifies You From Receiving Alimony in Illinois?

You can be disqualified from receiving alimony in Illinois if you choose to be unemployed or underemployed, or if you are financially independent. Also, a short marriage may be a factor Judges consider when denying alimony. Courts do not want to force a party to pay alimony if the receiving party is already capable of meeting their economic needs and can earn a substantial income.

How Hard Is It to Get Alimony in Illinois?

It is neither easy nor difficult to get alimony in Illinois. However, it is never awarded without the court considering factors such as the parties’ respective incomes, their assets, and whether the paying party has the ability to pay alimony. The future earning potential of the parties is also weighed by courts when making determinations regarding alimony.

How Much Is an Average Alimony Payment in Wheaton, Illinois?

There is no average alimony payment amount in Illinois because courts use a formula that is applied to each individual marriage. The standard formula is about 33 percent of the paying party’s net income, subtracted by 25 percent of the receiving party’s net income. The length of the marriage and the earning potential of the parties are also factors courts weigh when calculating alimony payments.

Can I Receive Alimony if I Remarry in Illinois?

Generally, you cannot continue receiving alimony if you remarry because the law assumes the new spouse will provide financial support. However, if it is stipulated in the divorce decree or a marital agreement, you may still be able to collect alimony from your former spouse. It is important to review these documents and speak with a lawyer.

Reach Out to Schaffer Family Law, Ltd. Today to Schedule a Consultation

Family law matters regarding alimony can often be confusing to those who have never experienced divorce, also called dissolution of marriage. However, working with a skilled attorney can ensure that you utilize every legal option available to you under Illinois law. Reaching out for help is one of the most beneficial things you can do if you have questions about alimony payments.

By obtaining legal counsel, you can work toward resolving any legal dispute that is causing you to experience stress, anxiety, and uncertainty. Call Schaffer Family Law, Ltd. today and schedule a free consultation.