DuPage County Alimony Attorneys
Experienced Maintenance in Divorce Lawyers Serving Wheaton, Downers Grove and Naperville
One of the many issues that must be resolved when you are going through a divorce is whether or not maintenance (also referred to as alimony) will be awarded. Maintenance is typically awarded when one spouse earns significantly more than the other and they have been married for a relatively long period of time. Several other factors are considered in determining if one spouse is eligible for maintenance and the amount of the award. At the beginning of 2015, maintenance guidelines became effective for couples who have a combined gross income of less than $250,000.00. Before applying guidelines, the judge must first determine that a maintenance award is appropriate, given the specific facts and circumstances of a case. Further, the judge can also find that the application of guideline maintenance would be inappropriate, and choose to award maintenance in a different amount. Because of the nuances of the recently-enacted law, much of the decision will rest on the discretion of the court, the financial circumstances of the parties, and the persuasiveness of the legal arguments.
At Momkus McCluskey LLC, our family law and divorce group has in-depth experience negotiating maintenance settlements and other divorce issues. We have litigated even the most complex divorces, and we put our experience to work to aggressively advocate for the interests of each client we serve. Our team is compassionate, responsive, and puts the needs of our clients above all else. We work diligently to ensure that your divorce is handled as amicably as possible without sacrificing your right to a fair and equitable settlement.
Maintenance/Alimony Awards in Illinois
The underlying purpose of alimony is to maintain (as much as possible) the present standard of living for the receiving spouse. In general, there are three different categories of maintenance that can be awarded:
- Temporary Maintenance: Generally speaking, temporary maintenance or temporary support awards are granted to a spouse during the pendency of the litigation. This can ensure a dependent spouse can continue to maintain monthly expenses and provide for herself or himself from the time the divorce starts until the divorce is finalized.
- Permanent Maintenance: If the marriage lasted many years and one spouse earns significantly more than the other, there is a strong likelihood of a permanent alimony award. Permanent maintenance can be terminated under certain circumstances such as death or loss of income of the paying spouse or if the receiving spouse gets remarried.
- Rehabilitative Maintenance: If one spouse needs additional education to become self-supporting, rehabilitative maintenance may be awarded until the receiving spouse is done with school and able to earn sufficient income.
The court takes into account a number of factors in determining whether to award maintenance and the amount of the maintenance award. These include:
- The annual incomes of both spouses including income derived from investments, rental properties, etc
- The duration of the marriage
- The standard of living that was established during the marriage
- The age and physical, mental and emotional health of each spouse
- Economic/career sacrifices made by a stay at home parent during the course of the marriage
- Divorce tax consequences
Divorce puts a lot of stress on everyone involved. When the marriage is dissolved, life as you know it changes forever. A fair and reasonable maintenance agreement can help ensure that you emerge from the divorce with your finances intact.
If you are facing a divorce and need an experienced alimony lawyer in Illinois, contact Momkus McCluskey LLC today at (630) 434-0400 for a consultation. We provide advice and counsel from our team of skilled and compassionate divorce attorneys in DuPage County.