Will County Spousal Support Attorney

Lawyer for Spousal Maintenance in Divorce Cases in Joliet

Getting a divorce can cause significant financial difficulties for both spouses. This is true for nearly everyone, since when a couple has combined their incomes and financial resources to maintain a joint household, shifting to covering individual expenses on a single income will require some adjustment. However, there are some situations where one spouse may be at a significant disadvantage because they earn a lower income, have extraordinary needs, or would struggle to support themselves without assistance. In these cases, spousal support may be appropriate.

At Erin Webster O'Brien, P.C., we understand the financial issues that spouses can encounter during the divorce process, and we work to help our clients address these matters correctly. If you believe that your spouse should provide you with financial support following your divorce, or if your spouse has asked that you pay support to them, we can advise you of your rights and help you understand your best options for resolving these matters successfully. We will work to guide you toward solutions that will allow both you and your spouse to maintain financial success after your divorce has been completed.

Spousal Maintenance in Illinois

Payments made by one ex-spouse to the other are commonly referred to as spousal support or alimony, but this form of support is known as spousal maintenance under Illinois law. Spousal maintenance is not automatically granted in a divorce case, and to receive support, a spouse will either need to prove to a judge that it is needed or make an agreement that maintenance should be paid as part of a divorce settlement. Typically, spousal maintenance will only be appropriate if one spouse will not have the financial resources to fully provide for their own needs.

Maintenance may be awarded if there is a significant disparity between the incomes earned by each spouse. The spouses' financial resources and obligations may be considered, including the assets they will receive based on decisions made about property division, the separate property they own, their sources of income, and other forms of support that they pay or receive, such as child support or spousal support from a previous marriage. Each party's current and future income-earning capacity may also be considered, along with issues such as whether one party earns less money because they devoted themselves to raising children or managing responsibilities in the home during their marriage or whether one spouse helped the other obtain education or pursue opportunities during their career.

If it is determined that one party should pay spousal maintenance to the other, the amount that will be paid will generally be determined using a formula defined in Illinois law. This formula will take the gross income earned by both spouses and calculate a monthly payment amount. The length of time that payments will be made will be based on the number of years a couple was married. If a couple was married for 20 years or more before getting divorced, maintenance may be paid indefinitely. However, the requirement to pay maintenance will end if the recipient gets remarried or begins to cohabitate with a new romantic partner, and in the future, either spouse may ask for maintenance to be modified based on changes in their financial circumstances.

Contact Our Joliet Spousal Maintenance Attorney

While spousal support will not be appropriate in every divorce, there are some situations where it may be needed to ensure that a spouse will be able to provide for their own needs as they work to reestablish themselves after separating from their partner. If you expect that spousal maintenance will be an issue that you will need to address during your divorce, Attorney Erin O'Brien can advise you of your rights under Illinois law and advocate on your behalf to ensure that you will have the financial resources you need. Contact our office at 815-727-2100 to set up a confidential consultation today.