Maintenance / Alimony
Experienced Illinois Maintenance and Alimony Attorneys
When a marriage is dissolved, it is sometimes necessary for one spouse to make support payments to the other. This is called spousal maintenance or alimony. Spousal support is intended to prevent the lower income generating spouse from having to accept a lower standard of living because of the divorce. Monthly alimony payments help to even out an income gap between spouses.
Alimony is not applicable in all divorces, however. Depending on the specifics of the case, it can be awarded temporarily, permanently or not at all. At Momkus McCluskey, LLC, we help clients understand Illinois spousal support laws and how they apply to their situations. Our attorneys are experienced in negotiating and litigating these sometimes complex issues.
Negotiating Spousal Maintenance Issues
Spousal maintenance issues can easily become contentious in a divorce. Establishing a reasonable alimony agreement amicably is in everyone’s best interest. Our firm strives to settle spousal support issues through negotiation, mediation or collaborative law wherever possible. This is typically the easiest and most cost-effective solution for our clients.
Litigating Spousal Maintenance Issues
Where parties are unable to reach an agreement on spousal support, the court steps in. In Illinois, decisions about spousal maintenance are left to the court’s discretion rather than following a prescribed formula. The court uses a number of factors to decide if spousal maintenance is appropriate and to determine how much spousal maintenance to award. These factors include:
- Duration of the marriage
- Income and income generating potential of both parties
- Employment of both parties
- Health Issues
- Age of both parties
- Education
- Division of assets
Spousal support is not automatically guaranteed in a divorce. Our attorneys are experienced in arguing these issues before the court. We offer clients tough advocacy in service of their interests and goals. We are practiced in advocating for both sides of alimony disputes and successfully represent clients in post-decree disputes as well.
To schedule a consultation with an experienced and knowledgeable family law attorney skilled in handling spousal maintenance and alimony issues contact Momkus McCluskey, LLC.
