Will County Maintenance Lawyer

During divorce proceedings, certain marital issues can be addressed and negotiated between disputing spouses. In many cases, one of these issues is alimony, also known as spousal support. If you are filing for divorce in Will County or anywhere else in the state of Illinois, an experienced Will County maintenance lawyer could be of assistance with seeking support from your spouse.

Our Will County family attorneys could provide you with much-needed legal advice and answer any questions you have regarding your legal rights to maintenance, types of alimony awards, and the factors that determine the amount of alimony under state law.

Types of Maintenance in Will County

Alimony, also known as “maintenance” in Will County, is where one spouse supports the other spouse who is in need of financial assistance. Maintenance can be terminated either by the death of either spouse or remarriage/cohabitation of one spouse with a new partner. In Will County, as in the rest of Illinois, the court may grant one or more of several types of alimony depending on the circumstances.

Long-term or permanent alimony can be awarded to a spouse for a set period of time, this period can be indefinite, permanent, or equal to the length of the marriage. This type of alimony, as a Will County maintenance lawyer can explain, is generally applied to long-term marriages which lasted twenty or more years prior to the start of divorce proceedings.

Short-term or rehabilitative alimony gives the receiving spouse enough time to gain the necessary skills to become self-supporting, typically in the form of further education or job training. Once this is achieved, the alimony may be terminated.

Temporary maintenance is a type of award that is granted to a spouse during a divorce case and before the final judgment of divorce. In order to request such an award, the requesting spouse must file a petition with an attached financial affidavit stating “factual basis for the relief requested,” as specified in 750 Illinois Compiled Statutes 5/501(a)(1).

Will County Alimony Guidelines

Under 750 Illinois Compiled Statutes 5/504(a), the court—without regarding marital misconduct—will determine alimony through consideration of the following factors:

  • Each spouse’s personal property, including tax implications, and all sources of public and private income, including retirement and disability payments
  • Each spouse’s realistic present and future earning capacity, as well as any impairment of either
  • Time needed for the requesting spouse to obtain self-supporting skills, and whether they can be self-supporting through employment or any parental responsibilities
  • Length of—and standard of living established during—the marriage
  • Each spouse’s age, health, occupation, income, job skills, employability, liabilities, and needs
  • One spouse’s contributions and services the other spouse’s career advancement i.e. education, licenses
  • Any valid agreements that may affect divorce proceedings, such as prenuptial agreements
  • Other factors the court finds to be just, equitable, and relevant to proceedings

Contact a Will County Maintenance Attorney Today

If you are considering getting a divorce, or are thinking about pursuing spousal support during active divorce proceedings, a Will County maintenance lawyer is available to assist you with your case. Contact our firm now to learn more about your rights and what we could do to help.

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