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Wheaton divorce lawyersWhen one party is severely disadvantaged in a broken marriage, it can feel like an excuse to stay. Yet, unbeknownst to some, it is not necessary to do this. Instead, it may be possible for a party to obtain child support and/or alimony before a divorce has been completely finalized. Learn more in the following sections, including how to go about the process, and discover how a seasoned divorce attorney can assist and improve the outcome of your case. 

Are You Eligible for Alimony or Child Support?

Not all parties are eligible for alimony or child support in a divorce. In fact, alimony is becoming less common in divorce, and some recent changes to Illinois’ child support laws have created situations in which neither parent pays support (i.e. parents have near equal income and near equal parenting time). However, if you are disadvantaged in your marriage - perhaps because of a health condition or because you stayed home to raise your children - you may be eligible for alimony, child support, or perhaps even both.

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DuPage County maintenance and alimony attorneys, alimony and maintenanceWhen a couple divorces, sometimes one spouse is ordered to pay the other spouse maintenance. Maintenance used to be called alimony and is generally paid from the higher earning spouse to the lower earning spouse. Maintenance can be ordered by a judge or a couple can agree on it. There are several types of spousal maintenance and different circumstances that apply when determining whether maintenance will be paid, how much, and for what period of time. Therefore, if you are seeking maintenance after a divorce, then it is imperative to understand the specifics of this process and to enlist the help of a skilled family law attorney.

Kinds of Spousal Maintenance

Different types of spousal support can be ordered depending on the situation and include the following:

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DuPage County family law lawyer, calculating spousal maintenanceWhen spouses separate, it is possible that one spouse will need financial support. Illinois law provides courts with specific guidelines for determining the amount and duration of spousal maintenance.

If you and your spouse are divorcing and you are interested in learning more about spousal maintenance, do not hesitate to contact an attorney with skill and experience in the field of family law.

Types of Spousal Support

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DuPage County family law attorneys, alimony in IllinoisIn Illinois, when a couple divorces and one spouse is left economically disadvantaged, a judge may award that spouse maintenance, otherwise known as alimony. The length and amount of alimony depends on a number of factors dictated by law, and depending on the facts of the marriage, a judge can award different types of alimony to a spouse.

Illinois Alimony Law

Under 750 ILCS 5/ the Illinois legislature defined what types of alimony payments are available during and after a divorce. The law provides for temporary maintenance during the course of the divorce proceedings. In addition, a judge can award rehabilitative alimony, reviewable maintenance, or permanent alimony to a spouse after the divorce is finalized.

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spousal support, alimony, spousal maintenance, divorceSpousal maintenance, also referred to as spousal support or alimony, refers to the transfer of money or assets from one spouse to another after a divorce. Spousal support exists in order to prevent a divorced spouse from suffering from a decrease in his or her standard of living due to a divorce.

It is not uncommon in marriages for one spouse to be employed and the other to be untrained or out of the workforce. After a divorce, it is very difficult for those who were not employed outside of the home during the marriage to obtain jobs that allow them to keep up with the standard of living they were used to while married.

 Depending on the circumstances, a couple may choose one of three different types of spousal maintenance. The first type of spousal support is called rehabilitative maintenance. This type of support generally has a set time frame and ends when the receiving spouse is back up on his or her feet. During the set time period, the receiving spouse has a chance to adjust, return to to the job market, and establish their own financial independence. Next, we have permanent maintenance. This type of agreement, hence the name, is permanent and will only end in the event of the death of one of the previous spouses or after a certain condition arises, such as remarriage. Permanent maintenance is sometimes awarded after an exceptionally lengthy marriage or if something is stopping the receiving spouse from entering the workforce, such as a physical disability. Although maintenance is permanent, payments are not set at one sum forever and may be negotiated upward or downward over the years based on changing circumstances. The third and final form of spousal maintenance is called temporary maintenance. Traditionally, this type of support is awarded to a spouse while the divorce is pending, as a divorce can sometimes take up to a year or more to be finalized.  Maintenance will end when the divorce becomes final. Spousal maintenance is not for all divorcing couples, but it is helpful to be familiar with the different options that exist. If you and your soon-to-be-ex are considering setting up a spousal support agreement, do not hesitate to contact an experienced Illinois family law attorney to assist you.

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