Maintenance Lawyer Chicago, IL
In many divorce cases, Illinois courts award spousal maintenance (formerly referred to as alimony) to spouses. Marital misconduct is not a factor in determining whether an individual is entitled to maintenance or in calculating the amount of maintenance to be paid. Courts instead focus on each spouse’s financial needs and future earning capacity, among other factors, to determine whether maintenance is appropriate in a particular situation. Then, they apply a specific formula to set the amount and duration of payments. Our Chicago, Il maintenance lawyer can evaluate your case to determine whether spousal support will be an issue.
State law explains the three different types of maintenance that are available in Illinois:
- Temporary maintenance. A spouse might be entitled to temporary support while the divorce is pending. You may petition for support upon filing the divorce petition and provide a financial affidavit explaining why such support is necessary. Any award of temporary maintenance terminates upon finalization of the divorce.
- Fixed-term maintenance. As part of a divorce judgment, the court may award maintenance for a specified period. After that period ends, the court may consider whether to extend support for another fixed term or indefinitely. The court could also decide to terminate the maintenance award at the end of the fixed term. In fact, if the marriage lasted less than 10 years, the court may deem the conclusion of the fixed-term marriage a permanent termination of maintenance.
- Permanent maintenance. The court may also determine that the spouse’s circumstances warrant permanent maintenance.
Factors that Courts Consider in Determining Whether Maintenance Is Appropriate
Aside from each spouse’s financial needs and earning capacity (both present and future), our Chicago, Il divorce lawyer knows that other factors that courts consider in determining whether maintenance is appropriate include:
- The duration of the marriage.
- Each spouse’s income and property, including marital property distributed during the divorce, nonmarital property, and retirement income.
- Whether the party seeking maintenance must return to school or obtain additional training to become self-supporting, the time required for the spouse to do so, and the support the spouse needs to make that happen.
- The standard of living established during the marriage.
- Each spouse’s age, health, and occupation.
- Each spouse’s contribution to the marriage and to the other spouse’s career, including education and training.
- The tax consequences of marital property division have on both spouses.
- Any prenuptial, postnuptial, or other valid agreement between the spouses.
- Other equitable factors.
An experienced attorney can help collect the evidence you need to establish your maintenance needs.
Let Us Help You with Your Case
If you are considering divorce and have concerns about maintenance (formerly alimony), contact Hurst, Robin, Kay & Allen, LLC today to schedule your consultation.
