Chicagoland Area Spousal Maintenance Lawyer
Divorce is rarely an easy process for anyone. Substantial changes generally take place in spouses’ lives as they adjust to their new reality of divorce. These changes can lead to a great deal of uncertainty about the future and their financial security. A spouse who earns a smaller income than their former partner or who has stayed at home to raise children rather than pursue career opportunities may worry that after a divorce, they will be unable to financially provide for themselves and their family.
When, during a divorce, one spouse is at a financial disadvantage, that spouse may be eligible to receive financial support (known as spousal maintenance, spousal support, or alimony) from the other spouse. In these cases, it is crucial to have an attorney on your side who can demonstrate and prove your need for support. At Botti Marinaccio, LTD., our family law attorneys have over 100 years of combined experience representing clients in divorce cases, and we can put this experience to work as we advocate for you to receive the support you deserve.
Eligibility For Spousal Maintenance
The formula in Illinois for determining the amount and duration of spousal maintenance is straightforward. The maintenance calculations are based on both spouses’ incomes and the length of the marriage. When deciding whether a spouse is eligible to receive maintenance from their former partner, courts have quite a bit of discretion. According to Illinois law, courts shall consider several factors when deciding whether spousal maintenance is appropriate. These factors include:
- Each spouse’s income and the property they own, including the assets and debts which were allocated to each spouse and the tax consequences of this allocation.
- Each spouse’s financial needs and obligations, including court-ordered child support.
- Each spouse’s present and future earning capacity.
- The duration of the spouses’ marriage and the standard of living which was established during the marriage.
- Each spouse’s age, health, vocational skills, and financial liabilities.
- Whether the spouse seeking maintenance is able to support themselves and their children financially, including whether their earning capacity is impaired because of their parental responsibilities.
- Whether the spouse seeking maintenance has any impairment to their earning capacity because they chose not to pursue education or career opportunities due to the marriage, and whether they will require time to pursue education or employment after the divorce.
- Whether the spouse seeking maintenance made any contributions toward the other spouse’s education or career.
- Any agreements made between the spouses, such as a prenuptial agreement.
Contact The Chicagoland Area Divorce Lawyers At Botti Marinaccio, LTD.
When your marriage ends, it is necessary to completely understand the financial support needed as well as the financial ability to pay for these needs. Whether you are seeking spousal support or wish to ensure that the amount of support you are required to pay meets the law’s guidelines, a skilled attorney can provide you with the legal help you will need. Divorcing couples, at times, are able to resolve disputes about spousal maintenance through mediation or collaborative law, but if you are unable to reach an agreement, it becomes necessary to fight for your rights in court. In these cases, it is essential to have an experienced lawyer on your side who can advocate for your financial interests.
The attorneys of Botti Marinaccio, LTD. can work with you to resolve outstanding issues and protect your financial security during your divorce. They solve problems through successful negotiations or, if necessary, at trial through a judge’s decision. To schedule a consultation, fill out our online contact form or call 630-934-2192.