630-462-9500

After Hour New Client Telephone Number 630-690-6077

1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
The Stogsdill Law Firm, P.C.
Subscribe to this list via RSS Blog posts tagged in alimony

DuPage County spousal support lawyerIllinois courts award spousal maintenance (also known as alimony or spousal support) when a divorcing spouse requires monetary assistance based on his or her financial and employment circumstances. There are many different factors that determine whether a spouse receives support and the amount of support he or she is entitled to. If a couple has signed a valid marital agreement dictating the terms of spousal maintenance, Illinois courts will typically uphold the terms contained in the agreement. Otherwise, if a spouse wishes to receive spousal maintenance, he or she must petition the court and explain his or her need for support.  

Alimony May Be Temporary, Fixed, Reviewable, or Indefinite

The type, amount, and duration of spousal maintenance is based on the needs of the spouse seeking support, the financial resources of both spouses, and the amount of time the couple was married. There are four main categories of spousal maintenance in Illinois:

  • Temporary maintenance: Temporary maintenance is awarded to a spouse when he or she needs financial support during the divorce proceedings. An order for temporary maintenance terminates when the divorce is finalized. Spouses requiring this type of support can include a petition for temporary maintenance when they file for divorce, or they can submit a petition for temporary relief after the initial filing.

    ...

Wheaton divorce lawyerIf you are planning to divorce, you probably have questions about alimony or spousal maintenance. There are two avenues through which maintenance is typically awarded in Illinois: a marital agreement or a court order. If you and your spouse have already decided upon a spousal maintenance arrangement through a valid prenuptial agreement or postnuptial agreement, you will likely be subject to the terms contained in that agreement. If no such agreement exists, you or your spouse may petition the court for a spousal maintenance order during your divorce. If you are considering divorce, it is important to know the basics of how and when spousal support is awarded in Illinois.

Is Spousal Maintenance Always Ordered During an Illinois Divorce?

Only a small number of divorce cases involve an order for spousal support. When determining whether or not a spouse is entitled to maintenance, the courts consider a variety of economic and circumstantial factors. These factors include, but are not limited to:

  • Each spouse’s income, assets, present earning capacity, and future earning capacity.

    ...

DuPage County spousal support attorneySpousal maintenance, also called alimony or spousal support, refers to payments that an individual makes to their former spouse after a divorce. Spousal support is only ordered in certain divorce cases, and it is meant to ensure that a divorced person can maintain the lifestyle they were used to during their marriage. In some cases, maintenance payments will be ordered when a lesser-earning spouse needs financial support for a period of time until he or she can obtain the skills or education necessary for suitable employment. However, some spouses may not ever be able to become financially independent after a divorce. In these cases, permanent spousal maintenance may be ordered.

When Is Spousal Maintenance Ordered?

There are two ways that spousal support will typically be awarded in Illinois. The spouses may have decided upon a spousal maintenance arrangement through a prenuptial agreement or another type of marital agreement, or spousal support can be ordered by a judge. During a divorce or legal separation, the judge will decide whether to award maintenance based on the circumstances of the case. In order to determine whether a person is eligible to receive spousal maintenance, the judge will consider factors including but not limited to:

  • Each spouse’s income, present and future earning capacity, and overall financial circumstances

    ...

DuPage County spousal support lawyer

If you are getting divorced and earn a lower income than your spouse, you probably have many concerns about finances. Making ends meet on a single income can be a daunting prospect. This is especially true if you have been out of the workforce for many years because you were raising your children. Spousal support, also called maintenance or alimony, may offer the financial relief you desperately need. However, only individuals meeting certain criteria will be eligible for spousal support in Illinois.

When Is Alimony Awarded in Illinois?

Not every person who gets divorced will qualify for spousal maintenance. The courts typically only award a spouse maintenance if it is “reasonable and necessary.” There are many factors considered by Illinois courts when deciding whether or not maintenance is appropriate. These include but are not limited to:

...

Wheaton divorce attorney for social media

Social media websites like Facebook, Instagram, Twitter, Tumblr, and Reddit have become an integral part of many Americans’ lives. In fact, one study shows that about 70 percent of all U.S adults actively use Facebook to keep up with friends and family. Because of this, social media accounts are becoming increasingly influential in divorce cases. What you post on your Facebook page can affect issues such as child custody, spousal maintenance, child support, and more. If you are ending your marriage, read on to learn about how your online activity can be used against you during divorce and how to take steps to protect your privacy.

Online Activity Can Affect Child Custody Decisions

What you do and say online can directly affect your divorce. Many people ending a marriage have intense feelings of resentment towards their spouse. While these feelings are understandable, you should avoid venting these frustrations online. Posting disparaging things about your spouse online could possibly damage your credibility and influence the court’s opinion of you. 

...
Dupage county bar association Illinois state bar association American Bar Association Rotary Martindale Hubbell Top 40 Under 40 Best 10 Best 10 DuPage County Bar Association State Badge State Badge Avvo

Contact Us To Schedule A Consultation With An Attorney At Our Firm

Call 630-462-9500 or provide your contact information below and we will get in touch with you:

NOTE: Fields with a * indicate a required field.
*
*
*
Back to Top