How Does Spousal Maintenance Work?

In DuPage County, spousal maintenance, previously called alimony, is financial support that one spouse may be required to pay the other during or after a divorce. Courts don’t automatically award payments just because one spouse earns more than the other. If you think you deserve alimony because you were married for a certain period of time, or if you’re worried you’ll have to pay it because “that’s how divorce works,” you may be surprised.

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How Our DuPage County Spousal Maintenance Attorneys Can Help

Mainetenace can affect both spouses’ finanaces for years after a divorce is completed.

Our attorneys can help you evaluate the financial and legal issues involved and determine how maintenance fits into the larger resolution of your divorce.

Whether you are concerned about receiving adequate support or about taking on an unreasonable financial obligation, we can help you understand the factors that may affect your case.

Financial Issues That Can Affect Maintenance

  • Salary, wages, bonuses, and commissions
  • Self-employment or business income
  • Investment and other sources of income
  • Employment benefits
  • Each spouse’s reasonable financial needs
  • Property and financial resources
  • Existing support obligations

How Long Does Spousal Maintenance Last?

Fixed-Term Maintenance

Maintenance is paid for a defined period established by the court

Reviewable Maintenance

The court may establish a future review date to determine if maintenance should continue

Indefinite Maintenance

In certain long-term marriages, maintenance may be ordered for an indefinite period

Receiving or Paying Spousal Maintenance

Maintenance cases can present important financial concerns for either spouse. The spouse requesting support may be concerned about maintaining financial stability after the divorce. The potential paying spouse may worry about the amount and length of the obligation.

Our Family Law Attorneys Can Assist With:

  • Modifying spousal support
  • Evaluating whether maintenance is appropriate
  • Reviewing income and financial documents
  • Addressing disputed or complicated income
  • Negotiating maintenance agreements
  • Seeking or opposing non-guideline maintenance
  • Addressing temporary maintenance during divorce

Issues Addressed for Seeking and Paying Maintenance

Seeking:

  • Demonstrating your financial needs
  • Establishing the other spouse’s income
  • Evaluating differences in earning capacity
  • Showing how the marriage affected your career
  • Addressing temporary support while divorce is pending.

Paying:

  • Determine your actual income for maintenance purposes
  • Verify the other spouses’s income and earning capacity
  • Applying Illinois maintenance guidelines correctly
  • Identifying circumstances supporting a non-guideline result
  • Consider how maintenance interatcts with property division

Maintenance and Other Financial Issues

1

Property and Debt Division

The property each spouse receives may affect overall financial circumstances
2

Child Support

When spouses have children, child support and maintenance calculations can interact and affect financial obligations.
3

Retirement Accounts

Pensions, 401(k)s, IRAs, and other retirement assets
4

Business Interests

Business ownership can make determining income, and property values more complicated.
5

Taxes

Tax treatment and financial consequences of divorce should be considered.