Alimony and Spousal Support Attorney in Schaumburg, IL
Married couples support each other in many ways during a marriage. One of the common ways spouses provide support for each other is with financial support. When a divorce occurs, the spouse that received financial support is now in a situation in which their financial security is uncertain. Spouses who earn less or who stayed at home to raise kids while being supported by the other spouse are entitled to spousal support as part of the divorce agreement.
Spousal support, or alimony, is payments made from one divorcing spouse to the other to limit the unfair economic effects of a divorce. Spouses who earn less or who did not work so they could raise the kids and manage the household may be awarded spousal support. The decision to award alimony payments, including how much and for how long, is made by a judge. However, the judge takes many factors into consideration, including presentations in court by the attorneys of both parties.
At Allen Gabe Law, P.C., our attorneys can represent divorcing spouses in matters concerning alimony and spousal maintenance in Schaumburg, IL and the surrounding areas. We provide legal representation for spouses seeking alimony and spouses seeking to avoid or limit spousal maintenance they would have to pay in a divorce. Our experienced attorneys will consider all factors involved and present your case in court.
Determining Spousal Maintenance
In most marriages, the spouses have different incomes. However, the spouse with the lower income typically lives a higher standard of living because they are at least in part supported by the other spouse that makes a higher income. When a divorce occurs, this can leave the spouse with the lower income at an economic disadvantage as they start their life on their own. Spousal maintenance payments are meant to compensate for the economic disadvantage.
In Illinois, the amount and duration of spousal maintenance is largely determined by the incomes of both spouses as well as the length of the marriage. The courts do have discretion when it comes to determining whether or not a spouse is eligible to receive spousal maintenance. To determine if spousal maintenance is appropriate, the courts will take the following factors into consideration:
- The income and property owned by each spouse, including assets and debts given to each spouse upon the divorce, and the tax consequences
- The financial needs and obligations of each spouse, including child support
- The current and future earning capacity of each spouse
- The duration of the marriage and established standard of living during the marriage
- The age, health, financial liabilities, and vocational skills of each spouse
- The ability of the spouse seeking maintenance to financially support themselves and their children and whether their parental responsibilities impair their earning capacity
- Whether the earning capacity of the spouse seeking maintenance was impaired by not pursuing an education or career during the marriage and if they will need time to pursue education or a career
- Whether any contributions were made to the other spouse’s education or career by the spouse seeking maintenance
- Prenuptial agreements and any other previous agreements between the spouses.
Representation for Alimony Settlements
Our attorneys at Allen Gabe Law, P.C. have years of experience representing those seeking alimony payments as well as those seeking to have the alimony they pay limited or avoided. We understand the factors that determine the duration and amount of alimony payments, and we will build your case to present in court. Whether you are fighting for alimony or to limit or avoid making alimony payments, we will help negotiate a fair and favorable settlement given your unique situation.
Schedule Your Consultation
If you are going through a divorce in Schaumburg, IL and spousal maintenance is one of the issues that needs to be addressed, contact our attorneys at Allen Gabe Law, P.C. for legal representation.
You can call us at (847) 241-5000, Ext 121 to discuss your case.
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