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Kane County Alimony/Maintenance Attorneys

St. Charles alimony lawyer

Spousal Support Lawyers Serving St. Charles, Elburn, and Batavia

Maintenance, formerly known as alimony or spousal support, is paid from one spouse to another upon divorce. The spouse who earns greater income provides monthly support payments to the spouse with the lesser or nonexistent income. Not all divorces involve spousal maintenance, however.

At the Kane County family law firm of Goostree Law Group, we are experienced in handling all types of maintenance issues. Whether you are pursuing maintenance, defending against providing maintenance support, or seeking a post divorce modification to an existing maintenance order, we can help.

Determining Alimony in Kane County, Illinois

Maintenance has changed a lot over the last several decades. These days, it is not a given that a lesser earning spouse will receive maintenance, and most maintenance orders are temporary, not permanent. Unless both parties negotiate maintenance into a settlement agreement, a judge will make the determination of whether one spouse is entitled to spousal support. A number of statutory factors are used to determine if maintenance should be awarded, including:

  • Income of both spouses;
  • Property of both spouses;
  • Expenses of both spouses;
  • Current and future earning potential of both spouses;
  • Duration of the marriage;
  • Health of both spouses; and
  • Standard of living enjoyed during the marriage.

Once a judge has established that maintenance is appropriate, the amount of the monthly payment and the duration of time the maintenance will continue must be decided. Until January 1, 2015 when a new law went into effect in Illinois, the judge had broad discretion to award according to a “reasonable” standard.

The new law establishes guidelines to determine the amount and term of the maintenance. The amount is calculated using a statutory formula, and the term is based on the length of the marriage.

Our attorneys are familiar with the changes to alimony law in Illinois. We have the skill and knowledge to effectively advise and represent you regardless of which side of the matter you are on. We find creative solutions to ensure our clients' interests are protected, and we never lose sight of the big picture.

If you are involved in a divorce where alimony is an issue, contact us at 630-584-4800 to schedule a free consultation. We will explain how alimony works in Illinois and what you can expect in your situation. Our attorneys will answer your questions and provide our experienced opinion of your case. We provide high-quality family law representation to clients throughout Northern Illinois including Kane County and the surrounding areas.

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