Maintenance / Alimony

Maintenance, formerly known as alimony, is financial support paid by one spouse or former spouse to another spouse or former spouse. Maintenance awards can vary dramatically from case to case, county to county, and even Judge to Judge. Maintenance can be very difficult to secure; therefore, it is very important to have an attorney who has significant experience in handling divorce and post-divorce cases and a comprehensive knowledge of the applicable laws.

At Shaw, Jacobs & Associates, P.C., we understand that to obtain maintenance, a thorough knowledge of the facts of the case and the law that applies is essential. We make sure that in our initial client consultations, we get as many facts as we can to ultimately secure the possibility of obtaining or increasing maintenance or to defend against a maintenance claim. While maintenance is somewhat subjective, when awarding maintenance, courts are mandated to consider the following:

  1. The income and property of each party including marital property apportioned and non-marital property assigned to the party seeking maintenance.
  2. The needs of each party.
  3. The present and future earning capacity of each party.
  4. Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage.
  5. The time necessary to enable the parties seeking maintenance to acquire appropriate education, training and employment and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment.
  6. The standard of living established during the marriage.
  7. The duration of the marriage.
  8. The age and the physical and emotional condition of both parties.
  9. The tax consequences of the property division upon the respective economic circumstances of the party.
  10. Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse.
  11. Any valid agreement of the parties (prenuptial agreement) and any other factor that the court expressly finds to be just and equitable.

We are commonly asked by clients: Do I have to pay my spouse maintenance? Will I get maintenance? How much? How is it decided? Can you advise me of what I am entitled to? We will provide you with a financial analysis of the tax effects of maintenance, and we will also advise you of when maintenance can be modified, and what events terminate maintenance.

Remember, every case is different. Based upon our years of experience and our familiarity with Kane County, DuPage County, Kendall County and DeKalb County family courts, we would be pleased to meet with you and analyze your specific situation to better advise you as to what you might expect to pay or receive as a maintenance award.

We will meet with you personally and confidentially to discuss your case and explain your legal options, including whether maintenance is appropriate in your case.

Our Illinois alimony attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Schaumburg, and many other cities. We represent clients who are from the U.K. and from other countries as well.

Please call the St. Charles Illinois alimony attorneys of Shaw, Jacobs & Associates, P.C. at (630) 584-4800 to ask a question or set up a confidential free initial consultation.