Geneva, IL Spousal Maintenance Attorney

Lawyer for Alimony and Maintenance in Kane County

Getting a divorce has many significant financial implications. You will need to be prepared with a plan to protect your interests in the division of marital assets and debts, and if you have young children, you will also need to ensure that their needs are met through child support. However, if you are concerned that your divorce will leave you at a financial disadvantage, these measures may not be enough. You may also need to pursue spousal support that allows you to remain financially stable as you move forward with life on your own.

Spousal support, alternatively known as maintenance or alimony, can be one of the most complicated issues in an Illinois divorce, and there is no guarantee that you will be granted the support you feel you need. However, at Loire Krajniak Law, LLC, we use our 10 years of legal experience to help spouses in need make a strong case for spousal support through divorce settlement negotiations or litigation. We are committed to helping you protect your financial interests both during and after the divorce process.

When is Spousal Support Awarded in Illinois?

Spousal maintenance is not granted in every Illinois divorce case. However, it may be a part of your divorce resolution if one of the following is true:

• You and your spouse have a valid prenuptial or postnuptial agreement that provides for spousal maintenance in the event of a divorce.
• You and your spouse agree to spousal maintenance through negotiation, mediation, or a similar amicable resolution method.
• The court determines that spousal maintenance is warranted based on the facts of your case.

Securing spousal support through one of the first two methods may be easier if you and your spouse are on good terms. However, if your spouse is not willing to agree to spousal maintenance, we can help you petition for maintenance in court. In Illinois, you may have grounds for spousal maintenance if you can demonstrate one or more of the following:

• You lack the income or financial resources to provide for your basic or extraordinary needs.
• You lack the income or financial resources to maintain the standard of living you were accustomed to during your marriage.
• Your earning abilities are limited due to your lack of education or work experience, your parenting responsibilities, or your age and health.
• You made personal sacrifices during your marriage to fulfill domestic duties or support your spouse's education and career.

Understanding an Illinois Spousal Support Order

When awarding spousal maintenance, Illinois courts will typically use a standard calculation to determine the amount and duration of support. This calculation considers each spouse's income, as well as the length of the marriage. In general, spousal support payments will be larger when there is a greater disparity between the spouse's incomes, and payments will last longer after a longer marriage. However, you should be aware that regardless of the terms of the maintenance order, you will lose your right to spousal maintenance if you remarry or cohabit with a new partner.

Temporary Spousal Maintenance in Illinois

In some cases, Illinois also allows for temporary maintenance during the divorce process. This may be especially important if you expect a lengthy divorce or your spouse is restricting your access to marital assets, and you have little income or assets of your own. In order to qualify for temporary maintenance, you will need to submit an affidavit and supporting evidence to the court demonstrating your financial need. We can help you prepare and file your affidavit so that you have the financial resources to support yourself and participate in the legal process until your divorce is finalized.

Contact a Sugar Grove Spousal Maintenance Lawyer

Thorough preparation can help you make the case for temporary spousal maintenance or ongoing spousal maintenance after your divorce. Contact us today at 630-448-2406 to schedule a free consultation so we can start working with you on a strategy to achieve your goals and protect your interests. We represent divorce clients in Sugar Grove, Yorkville, Geneva, Big Rock, Plano, Aurora, Bristol, Kane County, and the surrounding areas.