It is important for any spousal maintenance order to reflect the parties’ unique situation. Because of this, courts will consider several factors when determining alimony agreements in Orland Park. Some of these factors include the length of the marriage, the earning potential of each spouse, and the income levels of each spouse.
A practiced alimony lawyer can evaluate your situation to determine what factors may impact your agreement. The attorneys at Reidy Law Office LLC can then advocate on your behalf to make sure that any alimony arrangement makes sense for you.
The provisions in place to ensure a fair evaluation of the status of each spouse’s financial situations to determine alimony are outlined in Section 504 of the Illinois Marriage Dissolution of Marriage Act. This section provides a basic formula for determining alimony. The formula considers the length of the marriage and the income of each spouse when determining an amount and the duration of the payments. Generally, the longer a marriage, the greater the amount involved in a maintenance award and the longer it will last.
Additionally, the statute also outlines a variety of factors that the court should be considering in terms of whether maintenance is appropriate and whether there should be any deviation from the standard formula. The court has a lot of discretion to consider all relevant factors to determine an appropriate alimony arrangement. Some of the factors a court will consider when determining maintenance include:
An attorney can help advocate on behalf of your interests to make sure that any spousal maintenance agreement is fair based on your unique situation.
A person could receive temporary or permanent spousal maintenance before a final settlement if they need the financial support. Any time during a proceeding a party could file for temporary spousal maintenance. However, when a court awards temporary spousal maintenance, it is not the final award. The court will evaluate the temporary award to see whether it is fair and adjust it accordingly before making a final judgment.
It is also important to note that certain factors can also bar someone from receiving any support. Circumstances in which a person could be barred from receiving spousal maintenance include if they are in a relationship or cohabitating with someone else. Further, if the two spouses have similar incomes, that would also disqualify a person from receiving alimony. An attorney in Orland Park can further outline the factors affecting spousal maintenance in your case.
Although there is a formula in place that is meant to help determine alimony, it is a guideline rather than a law. It is important for a spousal maintenance order in Orland Park to consider all the relevant factors. If you are in the middle of a divorce and would like to discuss the role of alimony in your case, reach out to Reidy Law Office LLC. Our attorneys can help you analyze your situation and help you understand what factors may impact an order. Call today for a consultation.