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Anderson and Associates, P.C.

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Orland Park Spousal Maintenance Lawyers

Mokena Alimony Lawyer

Attorneys Helping Determine Eligibility, Amount, and Duration of Spousal Support in Tinley Park

Following divorce, spouses often struggle to maintain financial security. This is especially true for spouses who earn a lower income than their former partner or who prioritized their family obligations over advancement in their career. In some cases, spouses who are at a financial disadvantage may be eligible to receive spousal maintenance (also known as spousal support or alimony) from their former partner.

At Anderson and Associates, P.C., our skilled divorce lawyers work hard to protect the rights of our clients, and we will help you ensure that you have the financial resources you need after your divorce, whether you will be paying or receiving spousal maintenance.

Spousal Maintenance in Illinois

According to the Illinois Marriage and Dissolution of Marriage Act, a court may grant an award of maintenance to one spouse which will be paid from the other spouse's income or property. The law provides several factors which a judge should consider when determining whether it is appropriate to award maintenance, including:

  • The income earned by each spouse and their present and future earning capacity, as well as their age, health, estate, liabilities, and needs.
  • The property owned by each spouse, including their non-marital property and the property assigned to them during divorce, as well as the tax consequences of property division.
  • The spouses' standard of living during their marriage.
  • Whether the spouse who will receive maintenance has foregone employment, career advancement, education, or training in favor of devoting time to raising children or other family obligations, and whether they will need time to pursue education or employment following divorce.
  • Whether the spouse who will receive maintenance has contributed to the other spouse's education, training, or career advancement.
  • The effects of the allocation of parental responsibility and parenting time on the ability of the spouse who will receive maintenance to support themselves financially.
  • Whether the spouse who will pay maintenance has experienced any impairment to their present or future earning capacity.
  • Any agreements between the spouses, including prenuptial and postnuptial agreements.

Notably, marital misconduct is not a factor which a judge is allowed to consider when determining eligibility for maintenance. If a judge decides to award maintenance, a statutory formula will be used to determine the amount of maintenance based on both parties' incomes, as well as the duration of maintenance payments based on the length of the marriage.

Contact a Cook County Spousal Support Attorney

The knowledgeable, compassionate attorneys of Anderson and Associates, P.C. have more than 30 years of experience representing clients in divorce cases, and we can help you understand how the law applies to you and advocate for your best interests. Whether you will be receiving or paying spousal support, we can provide you with the legal help you need to maintain financial stability and provide for your family's needs. Contact our Orland Park divorce lawyers at 708-226-9904 today to schedule a free consultation. We serve clients in Tinley Park, Oak Forest, Mokena, and throughout Cook County and Will County.

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