Orland Park, Illinois Attorneys Litigate Spousal Maintenance
The right attorney negotiates appropriate support for your circumstances
Perhaps the greatest financial question during an Illinois divorce is whether the court will order one spouse to pay for the maintenance of the other. Spousal maintenance (formerly called alimony) is not guaranteed, and in fact, two family court judges looking at the same set of facts could have widely divergent views on whether maintenance is justified or how long it should last. At The Palmisano Law Group, we have a great deal of experience arguing maintenance issues in legal separation and divorce proceedings, as well as afterward in motions for modifications of divorce decrees. Our knowledge of case law related to alimony enables us to make cogent, persuasive and legally sound arguments for our clients’ positions. But we’re also adept at negotiating maintenance agreements, so the spouses can settle the issue themselves, rather than leaving it in the hands of a judge.
Types of spousal maintenance (alimony) available in Illinois
Spouses who petition for legal separation or divorce may ask the court to award maintenance. Illinois law recognizes several support arrangements:
- Permanent maintenance — Lifetime support, reserved for lengthy marriages when the recipient spouse cannot reasonably be expected to achieve a standard of living comparable to that enjoyed during the marriage
- Temporary maintenance — Support awarded during the divorce process prior to the divorce decree
- Rehabilitative maintenance — Support for a specific period of time, during which the recipient spouse is expected to become self-supporting
- Reviewable maintenance — Support for a period of time while it is determined whether the recipient spouse will be successful in returning to the job market; the court can modify, extend or terminate the support
A maintenance order has the force of law, so an obligor spouse who does not pay can be held in contempt of court and is subject to fines and jail time. Though the parties’ financial circumstances may change, the order stays in effect until a certain date (in the case of rehabilitative maintenance) or until the court issues a new order. Our attorneys capably manage issues related to post-divorce modifications and enforcement.
Factors the court considers in determining Illinois alimony
Illinois law requires the court to consider these factors when deciding maintenance issues:
- The length of the marriage
- The disparity in the earnings of the parties
- Whether there are children of the marriage and, if so, which party will be the residential parent upon a dissolution of marriage
- Whether one spouse has given up career opportunities due to the marriage
- The age of the parties
- The health of the parties
- Each party's ability to acquire income and assets in the future
- The standard of living established during the marriage
Contact the right attorney for alimony negotiations and litigation in Orland Park, IL
Whether you’re seeking or opposing a maintenance award, you can trust The Palmisano Law Group to prepare meticulously and make a compelling presentation on your behalf. Our firm works diligently to help ensure fair and reasonable alimony. Call The Palmisano Law Group today at 708.966.4311 or contact us online to schedule a free 60-minute consultation.