Will County Spousal Maintenance Lawyer

During divorce proceedings, certain marital issues are often addressed and negotiated between disputing spouses. In many cases, one of these issues is alimony, also known as spousal support or spousal maintenance. If you are filing for divorce in the state of Illinois, our experienced attorneys could assist in answering your questions and handling your alimony needs.

Our firm of compassionate and knowledgeable alimony lawyers can provide you with much-needed legal advice regarding your rights when it comes to providing or receiving spousal support, types of awards, and the factors that determine the amount of support under state law.

Types of Alimony in Will County

Alimony, specifically known as “maintenance” in Will County, is when one spouse provides financial assistance to the other spouse. Illinois courts may grant one or more of several types of alimony depending upon the individual circumstances.

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 an additional motion in the case with an attached financial affidavit stating “factual basis for the relief requested,” as specified in 750 Illinois Compiled Statutes 5/501(a)(1).

Long-term or permanent maintenance 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 is generally applied to marriages that lasted 20 or more years prior to the start of divorce proceedings.

Short-term or rehabilitative maintenance 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.

Alimony may also be terminated in the event of the death of either spouse or the remarriage/cohabitation of one spouse with a new partner.

Maintenance Guidelines

Under 750 Illinois Compiled Statutes 5/504(a), the court—without regarding marital misconduct—will determine spousal maintenance 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 an Experienced Alimony Attorney Today

If you live in Will County or the surrounding area and are considering divorce, or are thinking of pursuing spousal support during your divorce proceedings, our dedicated family law attorneys are 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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