Maintenance / Alimony
Alimony: Protecting Your Financial Interests
Spousal maintenance, also known as alimony, is sometimes awarded to the lower-earning spouse during divorce. At Weller Law LLC in Belleville, Illinois, we understand that a spousal maintenance judgment has a substantial impact on both the payor and the recipient.
Timing matters. If you are separating, call us as soon as possible to find out if spousal maintenance might be a factor in your divorce. Call 618-277-3476.
When your future finances are at stake, we will protect your interests throughout your legal proceedings. With more than 25 years of combined experience, our attorneys will explain your options, develop a plan to accomplish your goals and effectively represent you throughout the process.
An early review of your finances is important in preparing for divorce and possible spousal maintenance proceedings. The sooner you contact us, the better.
What Are Your Alimony Rights And Obligations?
Alimony has traditionally been awarded to women in the event of divorce because the majority of families had male breadwinners. Many wives sacrificed their own education and careers to allow their husbands to earn the household income, sometimes while they stayed at home to care for children. Today, things have changed. In many households, spouses hold equal earning power and in some cases, wives earn more money than their husbands. Because of this, women are not likely to need as much spousal maintenance in the past, and men may also request maintenance from their ex-wives. These rules also apply to same sex spouses.
Like with child support, Illinois does use a formula to calculate how much alimony you may owe or be entitled to receive. When both parties cannot come to their own agreement on the amount and duration of spousal maintenance, a judge will consider a long list of factors to make a decision. These factors include:
The income and assets of each spouse
Each spouse’s financial needs
Each spouse’s earning potential
The couple’s standard of living during the marriage and the length of the marriage
Whether the spouse seeking maintenance can or should support him- or herself; this spouse may, for example, argue a need to stay at home to care for a child
The investment in time and money it would take for the spouse seeking maintenance to obtain the training necessary to find employment
Whether the spouse seeking alimony has a reduced earning capacity due to prioritizing the career of the other spouse or the care of children
Whether the spouse seeking alimony worked to support the other spouse’s education or career
Contrary to popular belief, the court does not consider marital misconduct. The court may, however, weigh any factor that it thinks is fair and relevant under the circumstances.
Fighting For Your Interests Outside And Inside Of Court
Often issues of spousal maintenance can be resolved effectively through negotiation strategies, such as mediation. But, when necessary, we do not hesitate to take a case to trial. We will fight for a long-term solution that provides financial peace of mind as you move into a new stage of your life.
Contact Us For A Free Initial Consultation
To discuss your situation, please call our office in Belleville, Illinois, at 618-277-3476. You can also reach us online. Initial consultations with our attorneys are confidential and free.