Spousal Maintenance Attorneys
When there is an income or earning capacity disparity between divorcing spouses, one spouse may have to pay the other spouse alimony, or spousal maintenance. Alimony is a type of support payment that is paid on a monthly basis. Unlike child support, alimony is not calculated by a statutory formula under Illinois law. If an alimony settlement is not agreed upon in negotiations, a judge will make an alimony award based on numerous factors. The family law attorneys of Kezy & Associates represent clients on both sides of alimony matters. These issues can be hotly contested in contentious divorces, and we aggressively advocate for our clients’ rights and interests both in and out of court.
Determining Alimony and Spousal Maintenance in Illinois
There are three kinds of spousal support awards—temporary alimony, rehabilitative alimony, and permanent alimony. Temporary alimony is awarded during the divorce proceedings to help the lesser earning spouse cover his or her financial needs until the divorce is finalized. Rehabilitative alimony is awarded until the lesser earning spouse can become financially self-sufficient through increased education, training, etc. Permanent alimony is a set award that remains in place for life unless the receiving spouse remarries.
In Illinois, the court determines the necessity and amount of spousal maintenance based on a number considerations including:
- The income and assets of both spouses;
- The expenses of both spouses;
- Current and future earning capacity of both spouses;
- The standard of living during the marriage;
- Length of the marriage;
- If one spouse deferred education or career advancement because of the marriage or parenthood;
- What would be necessary (education, training) for the receiving spouse to become self-sufficient;
- The health of both spouses;
- Whether the receiving spouse is able to work;
- The receiving spouses contribution to the paying spouse’s education; and
- Tax consequences from the divorce.
If there was a prenuptial or postnuptial agreement in place, this will also be factored into the alimony decision. We are highly experienced in handling alimony matters, and our family law attorneys know how to effectively advocate for our clients’ financial interests. Whether you are seeking an alimony award or hope to minimize or prevent an alimony award, we have the knowledge and skills to assist you.
If your divorce action involves alimony, contact us to schedule a free consultation to learn how we can assist you. We have helped thousands of clients obtain the alimony they deserve and avoid unfair alimony judgments.