DuPage County Alimony Attorneys
When couples get divorced, there are numerous matters that need to be decided. One of these is if there will be spousal maintenance, also known as alimony, payments involved in the divorce settlement. Unlike child support, spousal support is not assumed for either spouse following a divorce. There is a lot of room for discretion in this area. At the Law Offices of Kenny & Kenny, we are experienced in handling these matters from both sides. Whether you are seeking to obtain a maintenance award or are looking to protect your income from alimony payments, our attorneys can help.
Spousal Maintenance in Illinois
The goal of spousal maintenance is to make sure that both spouses are supported during and after a divorce. If both spouses are self-supporting, then maintenance may not be needed, but that is not always the case. Depending on the circumstances of your marriage and your divorce, the court may determine that a maintenance award is necessary.
When spousal maintenance is in question, the court must decide whether or not an award is appropriate. The court considers numerous factors when making spousal support determinations including:
- Duration of the marriage
- Income of both spouses
- Earning potential of both spouses
- Education of both spouses (and who contributed to that education)
- Lifestyle during the marriage
Amount and Duration of Spousal Maintenance Orders
Once maintenance has been found to be necessary, the law in Illinois provides a statutory guideline for calculating how much is to be paid and for how long. The formula provided in the law is applicable to most cases, and calculates maintenance as a function of both spouses' gross income. The length of a support award is based on the duration of the marriage, with longer marriages resulting in relatively longer or permanent periods of maintenance. When the statutory guideline is not applicable, or found by the court to be inappropriate for a given case, the court is granted the discretion to set both the amount and duration of the award.
At our firm, our goal is to help our clients come through a divorce in the best possible financial and emotional position. To that end, we strive to obtain the greatest possible maintenance awards for our clients. When representing the higher income spouse, we seek to limit spousal support payments to the greatest extent possible.If you expect to deal with or are already dealing with spousal support issues in your divorce, contact us to schedule a consultation to discuss your situation. We will answer your questions and provide a reasoned assessment of what you can expect to get out of the divorce process. We work with clients throughout DuPage County and beyond.