St. Charles Alimony Lawyer

Spousal Support Lawyers Serving Kane County

Spousal maintenance, formerly known as alimony or spousal support, is paid from one spouse to another upon divorce. In some divorce cases, the spouse who earns a higher income may be required to provide monthly support payments to the spouse with the lesser or nonexistent income. Not all divorces involve spousal maintenance, however.

At the Kane County family law firm of Goostree Law Group, we are experienced in handling all types of issues related to maintenance. Whether you are pursuing maintenance, defending against providing maintenance support, or seeking a post-divorce modification to an existing maintenance order, we can help.

Determining Alimony in Kane County, Illinois

Maintenance has changed a lot over the last several decades. These days, it is not a given that a lesser earning spouse will receive maintenance, and most maintenance orders are temporary, not permanent. There are a variety of situations where spousal support may be appropriate, such as when one spouse has been a stay-at-home parent or when an older couple is getting a divorce, and one spouse has been out of the workforce for several years.

Unless both parties negotiate maintenance into a settlement agreement, a judge will make the determination of whether one spouse is entitled to spousal support. A number of statutory factors are used to determine if maintenance should be awarded, including:

• Income of both spouses;
• Property of both spouses;
• Expenses of both spouses;
• Current and future earning potential of both spouses;
• Duration of the marriage;
• Health of both spouses; and
• Standard of living enjoyed during the marriage.

Once a judge has established that maintenance is appropriate, the amount of the monthly payment and the duration of time the maintenance will continue must be decided. Illinois law has established guidelines that are used to determine the amount and term of the maintenance. The amount is calculated using a statutory formula, and the term is based on the length of the marriage.

Depending on the circumstances of a case, fixed-term maintenance may be put in place, and payments will last for a specified period of time. A judge may also choose to implement reviewable maintenance, specifying a date at which the circumstances of the parties will be assessed to determine whether continued financial support will be necessary. In some cases, indefinite or permanent maintenance may be put in place. This may be an option if a spouse has health issues the prevent them from earning an income or if a couple was married for at least 20 years.

Our attorneys are familiar with the alimony laws in Illinois. We have the skill and knowledge to effectively advise and represent you, regardless of which side of the matter you are on. We can find creative solutions to ensure that your interests are protected, and we never lose sight of the big picture.

Contact Our St. Charles Spousal Maintenance Attorneys

If you are involved in a divorce where alimony is an issue, contact us at 630-584-4800 to schedule a free consultation. We will explain how alimony works in Illinois and what you can expect in your situation. Our attorneys will answer your questions and provide our experienced opinion of your case. We provide high-quality family law representation to clients throughout Northern Illinois including Kane County and the surrounding areas.