Maintenance / Alimony
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Spousal Maintenance
Divorce Attorney for Alimony and Spousal Support
The financial aspects of divorce are often some of the most difficult, especially for spouses who have few means of supporting themselves without their partner’s help. Though the division of marital property is intended to be fair to both spouses, it is not always sufficient to ensure that a spouse is reasonably protected from financial hardship. Spousal maintenance, also known as spousal support or alimony, can provide an additional source of financial assistance in some Illinois divorce cases.
It can be difficult to know whether spousal maintenance will be part of your divorce resolution, but at Reifman Law Offices, we can help you review the details of your case and prepare for what to expect. With almost 20 years of legal experience, we know the effective strategies for pursuing maintenance in divorce negotiations or in court, and we can help you make a strong case for the support you need. We can also help you manage your payment obligations if you are the paying spouse in a maintenance order.
Factors Used to Determine Spousal Maintenance
In many Illinois divorce cases, spousal support is included in a negotiated settlement between spouses. You and your spouse may even have a pre-existing agreement in the form of a prenup or postnup that outlines how maintenance will be handled in the event of a divorce. An agreement with your spouse is the most straightforward way to secure spousal support, as it does not require you to make your case in court.
However, it may be necessary to pursue spousal maintenance through litigation if your spouse is unwilling to work with you to provide the support you will need. Illinois courts will consider awarding maintenance based on the facts of the case. Specific factors the court will consider include:
- Each spouse’s age, health, and financial needs
- Each spouse’s financial resources, including income, non-marital assets, and the share of the marital assets they have been granted
- Each spouse’s earning capacity based on their education, skills, employment history, and work abilities
- Each spouse’s contributions during the marriage, including stay-at-home parent and homemaker duties, as well as financial contributions to the other spouse’s education or career
- The length of time the spouses were married and the standard of living they established together
- The parental responsibilities of each spouse according to the divorce resolution
If the court decides to grant spousal maintenance, the details of the payments will typically be determined according to each spouse’s income and the duration of the marriage. We can help you ensure that the maintenance order is fair to you, whether you are the paying or receiving spouse.
Maintenance Concerns Before and After the Divorce Resolution
When maintenance is part of a divorce resolution, payments will begin after the divorce is finalized. However, many spouses find that they need support during the divorce process to cover their basic living expenses and participate in the legal process. We can help you pursue an order for temporary spousal maintenance by filing a petition and financial affidavit in court.
Maintenance disputes also often continue long after a divorce resolution has been reached. In the years following your divorce, we can help you modify your spousal support order after a substantial change in your financial circumstances, or terminate a payment obligation upon your spouse’s remarriage or cohabitation with a new partner. We can also help you enforce a spousal support order when your spouse is unwilling to meet their obligations.
Contact a Hoffman Estates Spousal Support Lawyer
The uncertainty surrounding spousal support in your divorce can be difficult to manage, but our experienced attorney can help. Contact our office at 847-229-8433 today to set up a free initial consultation and get the legal assistance you need. We represent clients in Hoffman Estates, Schaumburg, Barrington, West Dundee, Streamwood, Palatine, Arlington Heights, Elk Grove Village, Rolling Meadows, and the surrounding areas.
At Reifman Law Offices,
we will take the weight of dealing with family legal issues off of your shoulders.
Call Us 847-229-8433
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What Our Clientssay about us
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Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
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