Spousal Maintenance Attorneys in Kane County

Lawyers for Spousal Support Proceedings in Elgin, Batavia, and Throughout Kane County

Spousal maintenance refers to payments that one spouse may be required to pay to the other on a regular basis during or after the couple's divorce. It is also known as alimony or spousal support, and it is meant to ensure that spouses can avoid financial difficulties when they choose to end their marriage. That is, if one spouse relies on the income earned by the other spouse, they may be able to receive ongoing support, ensuring that they can maintain their lifestyle after getting divorced.

The experienced divorce lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC, know how complex the issue of spousal maintenance can be. In Illinois, spousal maintenance is not presumed or automatically granted. Instead, it is only awarded if the circumstances of your divorce show the need for such support. We can help you understand whether spousal support will be appropriate in your case, and if so, we can ensure that payments will be established correctly. To speak with a knowledgeable alimony attorney, contact our firm at 630-665-7300 today.

Understanding Maintenance and Alimony in Illinois

At our law firm, we are regularly approached by clients who need answers regarding spousal maintenance and how it is awarded. In general, maintenance will be appropriate if there is a significant income disparity between spouses. If one spouse earns the majority of the family's income, or if one spouse is unemployed or employed part-time because they have been focused on household responsibilities rather than their career, spousal support payments may help ensure that both parties will be able to meet their ongoing financial needs.

Under the law in Illinois, there are many factors that a court must consider when making its determination about the need for spousal support. These considerations include:

• Each spouse's needs, income, and resources;
• The amount of marital property and how it is being allocated in the divorce;
• The age, health, and employability of each spouse;
• The ability of each spouse to be self-sufficient;
• Contributions by either spouse to the other party's earning potential;
• Tax considerations;
• A valid prenuptial or postnuptial agreement between the spouses; and
• Any other factor found to be relevant.

The court also has the power to issue a temporary order for maintenance while the divorce proceedings are ongoing. If alimony is found to be appropriate, the law provides guidelines for calculating the amount and duration of the award based on the income of both parties and the length of the marriage. Spousal maintenance will typically be paid for a specific period of time that is dependent on the length of a couple's marriage. However, other arrangements may be appropriate in certain situations, such as orders that allow spousal support to be reviewed after a certain period of time to determine whether payments should continue or be terminated. In rare cases, such as those where a spouse has a disability that prevents them from maintaining employment, permanent maintenance may be awarded.

Possible Impact of Marital Misconduct

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have handled divorce cases of all types for clients throughout the region. Sometimes, one spouse may believe that the other spouse should pay maintenance simply because his or her behavior is responsible for the couple's divorce. While a spouse's actions, including infidelity, abandonment, or abuse, may have led to the breakdown of a marriage, Illinois law prohibits courts from considering marital misconduct when making decisions about spousal support. Our attorneys can help you understand how the law applies in your situation, and we will work with you to present the best possible case for maintenance if it will be appropriate in your case.

Contact Our St. Charles Spousal Maintenance Attorneys

While no two cases are exactly the same, our attorneys have successfully navigated hundreds of divorce cases. We are prepared to put that experience to work on your behalf. Contact the office of Mirabella, Kincaid, Frederick & Mirabella, LLC to discuss your case and get the answers you need. Call 630-665-7300 today. We proudly serve St. Charles, Elgin, Batavia, Geneva, Barrington Hills, and the rest of Kane County.