Alimony and Spousal Maintenance Attorney in Naperville, Illinois
I have been out of the workforce for years raising our kids – Can I get spousal maintenance?
I have been out of the workforce for years raising our kids – Can I get spousal maintenance?
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yes definitely
um you have to keep in mind that now
under the formula a spouse that has not
worked they will what they call impute
income to that spouse so say that a
person hasn’t worked for 20 years
raising children and they have an
education but they have
not been able to use that education
because they made a choice to take care
of their family then the judge is going
to decide an income that the judge feels
is reasonable that that person could
make if they were out in the workforce
and of course you know your lawyer can
argue lots of factors such as you know
the the education needs to be updated or
the they’re still going to need to be
care for the children so their you know
limitations but there will be some
income computed to a person that hasn’t
worked so generally If there really has
been a large gap in employment or if
there isn’t education to allow someone
to make a pretty substantial income then
the judge might impute just minimum wage
when the calculation is done for
maintenance they would take the actual
income of the one spouse that’s been
working and then the income who has not
the spouse who has not been working they
would use that imputed income and then
take the years of the marriage and
calculate the maintenance and of course
there’s always factors that you could
argue for deviation so someone who’s
been out of the workforce really that is
a really good situation where uh
maintenance can be awarded
Contact Jacqueline Helm
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Naperville, IL family law attorney Jacqueline Helm discusses getting spousal maintenance if you’ve been out of the workforce for years raising the kids. She explains that yes, it’s important to consider that the current formula for calculating maintenance imputes income to a spouse who has not worked. For example, if a person has chosen to stay at home and raise children for 20 years, despite having education, the judge will determine a reasonable income that the spouse could earn if they were in the workforce. Your lawyer can present various factors to argue against imputing a higher income, such as the need to update their education or the ongoing responsibility of caring for the children, which may limit their ability to work.
In cases where there has been a significant gap in employment or limited education preventing someone from earning a substantial income, the judge may impute minimum wage income when calculating maintenance. The actual income of the working spouse is considered, along with the imputed income of the non-working spouse, and the duration of the marriage is taken into account to calculate the maintenance amount. It’s important to note that there are always factors that can be argued for deviation from the calculated amount. If someone has been out of the workforce for an extended period, it strengthens the case for awarding maintenance.
