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Spousal Support Attorney Chicago

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Spousal Support Attorney Chicago

While you recognize that, during the course of your divorce, your marital property will need to be fairly and equitably divided between you, that your parental responsibilities including decision-making and parenting time concerns will need to be resolved, and that child support will need to be properly calculated and ordered, the prospect of spousal support may throw you for a loop. If you have concerns about spousal support – whether you may be entitled to receive it or whether you may be required to pay it – seeking the knowledgeable guidance of an experienced spousal support attorney in Chicago is well-advised. In Illinois, spousal support is now called maintenance.

Spousal Support

The State of Illinois calls spousal support – or what you may think of as alimony – maintenance, and it is not, despite popular belief, intended to punish the payor. In fact, spousal support is determined without regard to marital misconduct in Illinois. The role that spousal support does fill is allowing recipients the financial assistance they need through specific calculations that take into consideration the income of both spouses, the duration of the marriage and other pertinent factors. Sometimes, spousal support can allow the recipient the financial support he or she needs to obtain the further education or job training necessary to become more financially independent. The income (or lack of income) of each spouse along with the duration of the marriage and other financial obligations (such as child support payments) are taken into consideration when calculating maintenance.

The Court’s Discretion

Spousal support does not – by any means – factor into every divorce, but when appropriate, it can fill an important role. The court has considerable discretion when it comes to allocating spousal support, which means that this support is determined on a case-by-case basis, and there is no one thing that guarantees spousal support will be awarded. Some of the primary factors that the court takes into careful consideration in the determination process include the following:

  • The length of the marriage
  • Each spouse’s financial needs and means
  • Each spouse’s current and realistic future earning capacity
  • Any impaired earning power on the part of the spouse seeking support due to contributions made at home, such as homemaking and childcare responsibilities
  • Any contributions the spouse seeking support made in relation to the other spouse’s career and earning power (such as working to put him or her through school)
  • If the spouse seeking support is capable of becoming self-supporting
  • The standard of living the couple achieved during their marriage 
  • Each spouse’s total income, including all public and private sources, such as disability pay, contributions from family members, and more
  • The tax consequences related to the division of marital property in the divorce
  • Any prior agreements between both spouses, such as in a prenuptial or postnuptial agreement
  • Any other factors that the court determines are relevant to the unique situation at hand.

You Need an Experienced Spousal Support Attorney in Chicago on Your Side

The practiced spousal support attorneys at WARD FAMILY LAW in Chicago take great pride in the skilled legal guidance they are able to provide their valued clients. We’re here for you, too, so please don’t wait to contact us for more information today.

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