If you are facing the possibility of a divorce, you and your spouse will need to resolve a number of issues. For many couples, property and money-related concerns are among the most challenging considerations. You have likely worked hard to earn what you have, so the possibility of “losing” your hard-earned assets during your divorce may not sit well with you. You may also be concerned about the possibility of paying maintenance—also known as spousal support or alimony—which can lead to disagreements as you are headed for a divorce.
Depending on where you are in the divorce process, you may have questions about spousal support and whether it will be a factor in your Illinois divorce. Some of the most frequently asked maintenance questions include:
Will Maintenance Be Awarded Automatically?
Under the law in Illinois, maintenance will only be granted following a divorce if the requesting spouse can prove that such support is needed to facilitate an equitable divorce. Maintenance is not automatic or guaranteed, and requesting it does not mean that it will necessarily be granted. If, however, you and your spouse already have a valid prenuptial agreement that says spousal support is to be paid, you can generally assume that the court will enforce the agreement.