Illinois Spousal Maintenance Attorneys
Spousal Support and Alimony Lawyers Serving DuPage County & Kane County
Spousal maintenance, also called spousal support or alimony, is often one of the most contentious matters involved in a divorce. Maintenance payments are made from one former spouse to the other and are intended to offset the financial hardship a divorce may cause to one spouse. How much one spouse owes to another varies depending on the specific financial circumstances of both parties. At the Abear Law Offices, we are experienced in negotiating and litigating issues of spousal maintenance from both sides.
How Spousal Maintenance and Support is Determined
The Illinois court considers numerous factors when making a determination about spousal maintenance. Some of these factors include:
- The current resources of both parties
- The current financial needs of both parties
- The future earning capacity of both parties
- Impairments to future earning capacity of one party caused by the marriage (i.e. delayed education to have children)
- Contributions by one party to the education or career of the other party
- The standard of living during the marriage
- The length of the marriage
Additionally, the court may consider any pre-nuptial agreement or post-nuptial agreement in effect. These agreements often have specific provisions for spousal maintenance in the event of a divorce, but they are not written in stone. It is up to the court’s discretion to make what it determines to be a fair spousal maintenance order.
Adjustments to Spousal Maintenance and Support
As circumstances change for one or both parties, adjustments can and should be made to spousal maintenance orders. For example, if the party receiving support payments remarries, the party paying the support payments can receive a post decree modification ending spousal maintenance.
Attorney Anthony Abear is experienced in handling issues of spousal maintenance and support as part of a divorce proceeding or as a post decree modification. Contact us today to schedule a consultation to discuss your case.