Wheaton Spousal Maintenance Lawyers

Spousal Maintenance Attorneys Advocating for Clients in DuPage County

Our divorce attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC understand the complexities of spousal support. Spousal maintenance, formerly known as alimony, is financial support paid to one divorcing spouse by the other. It is not automatically granted, and during the divorce process, it will be necessary to determine whether the facts of the case justify such an award. To get legal help from knowledgeable spousal maintenance lawyers, contact us at 630-665-7300, to discuss your situation.

Issues That May Affect Spousal Maintenance/Alimony

Clients come to us with questions about how spousal maintenance is determined and awarded. The issue is complicated by tax considerations, the amount of marital property and how it is divided, and the potential of both spouses to become self-supporting. Factors like the previous standard of living; the length of the marriage; and the ages, health status, and educational attainment of both parties may also be taken into account. The court has the authority to allocate temporary support for one spouse for the duration of the divorce proceedings, and long-term or permanent spousal maintenance may be awarded after a divorce is finalized.

Family court judges have discretion to determine whether spousal maintenance should be awarded in a divorce, and this form of support will usually only be appropriate in situations where one party will be at a significant financial disadvantage or would be unable to maintain their accustomed standard of living without assistance from the other party. For example, spousal support may be awarded to a stay-at-home parent who has limited work experience and may be unable to fully support themselves. In some cases, maintenance may be granted for a temporary period of time to allow the recipient to pursue education or career training. Spousal support may also be granted to a person who earns a much lower income than their spouse.

If a judge decides to grant spousal maintenance to one spouse, they will usually follow a specific formula to determine the amount that will be paid. This formula is based on the spouses' respective income levels at the time of the divorce. The length of time that spousal maintenance will be paid will be based on the full amount of time the couple was married.

If either spouse's circumstances change in the future, a spousal support order may be modified. For example, if the spouse who pays maintenance loses their job or experiences a decrease in income, they may ask for spousal support payments to be reduced or terminated. Spousal maintenance will automatically end if the recipient remarries or if either party dies.

Sometimes, clients think that because the other spouse was to blame for the divorce, they deserve support. In Illinois, support is not determined by the behavior of either spouse, but by the need of one spouse and the ability of the other to pay it. "Marital misconduct" is not a factor that will impact decisions about spousal maintenance. We will discuss this, and all other matters related to a possible support request, with our clients. Then, armed with this information, as well as any recent changes in the law that may affect a case, the educated client can make informed decisions about their next steps.

Contact Our DuPage County Spousal Support Attorneys

For effective representation in your divorce, contact our knowledgeable Illinois alimony lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC by calling 630-665-7300.