Your living expenses go on long after your divorce is granted. When things look dire and you don’t know how you will financially get by in the future on a single income, you need a knowledgeable, detail-oriented attorney you can trust who will aggressively fight for your rights.
Maintenance, previously referred to as Alimony, is the payment for support from one ex-spouse to the other. Maintenance is one of the most fought over and contentious “money” issues to resolve in a divorce. Whether you were the primary caretaker for the children, sacrificed your career for your spouse’s career, or are ill, divorce does not mean your standard of living should collapse while your spouse’s standard of living remains the same.
In Illinois Spousal Maintenance issues are governed by the Illinois Marriage and Dissolution of Marriage Act (the “Illinois Divorce Act”). Unlike with Child Support, there are no set of Statutory Guidelines for determining whether Maintenance should be granted or the amount that should be awarded.
Section 5/504 of the Illinois Divorce Act directs the Court to consider a set of factors in granting or denying Maintenance, and in determining the amount. In short, the Court has much greater discretion in either awarding or denying Maintenance and in setting the amount of Maintenance than the court has with respect to child support.
Because of the degree of judicial discretion in determining maintenance, it is critical that spouses seeking to obtain (or minimize) maintenance retain a knowledgeable, detail-oriented attorney who can make a strong presentation for their case. In a maintenance case, the situation of the spouses should be thoroughly investigated so that the facts can be presented to the Court in a well-documented manner, and seek to convince the court that your Maintenance goals are fair and equitable..
We can help reduce your stress by taking on the full responsibility for understanding what your future financial needs are given the past standard of living enjoyed by you and your spouse, what factors argue for or against the payment of maintenance, and presenting a concise, compelling argument to the court.
When you are facing a divorce and your future standard of living is at stake, you need a capable attorney whom you can trust and who will fight aggressively for you when necessary concerning maintenance payments. We will be there for you when you need us. We can handle all of the Spousal Maintenance aspects of your divorce.