Maintenance & Spousal Support
Assured Counsel from Our Trusted Chicago Divorce Lawyers
Maintenance, or spousal support or alimony, as it is commonly known, is often one of the most contested determinations in a divorce. Maintenance is ordered when one spouse will require financial support following the divorce to live comfortably and maintain their lifestyle. In years past, these determinations could be particularly punishing to the higher-earning spouse and could even be ordered indefinitely. Now, like other states, Illinois has revamped its maintenance laws to better reflect the circumstances of modern couples looking to dissolve their marriage.
If you are facing a divorce and are concerned about your maintenance determination, we invite you to contact our dedicated Chicago divorce attorneys at Kogut & Wilson, L.L.C. today. We have decades of combined experience in this practice area and know what it takes to assert our clients best interests both in and outside the courtroom.
Do not face this intimidating process without a proven advocate in your corner. Fill out our online form to request a free case evaluation today.
What Determines Maintenance?
In 2015, Illinois enacted new laws to better address maintenance determinations for divorcing couples (750 ILCS 5/504). Now, judges have a formula which they can choose to use when calculating monthly alimony payments and guidelines to follow when assessing whether the couple circumstances require special considerations.
Note here that the key word is "choose." Judges still have the authority to make their own determinations about a couple's circumstances and are free to deviate from the formula/guidelines when they believe that doing so will allow for a fair determination.
The factors the court considers when determining maintenance include:
- Each spouse's income
- Each spouse's property
- Each spouse's capacity to earn income
- The duration of the marriage
- The standard of living spouses enjoyed during the marriage
- The specific needs of each spouse
- The health of each spouse
At our firm, we know that a careful and thorough approach is necessary asserting a client's best interests in these matters. Over the years, we have developed a comprehensive strategy to analyze income, cash flow, and assets of the involved parties and evaluating their lifestyles in order to argue for fair and sustainable maintenance rulings. Whether you are a higher-earning or a dependent spouse in your marriage, Kogut & Wilson, L.L.C. is ready to help ensure a stable financial future following your divorce.
Want to learn more about what our firm can do for you during this uncertain time? Call us at (312) 313-1533 today.