Advocating For Fair Spousal Maintenance (Alimony)
As a couple experiences the divorce process, both parties encounter many unknowns due to the inherent nature of change. The divorce process itself can be emotionally challenging, but additional stress is often placed on both parties because of financial issues.
If you are proceeding with a divorce, you need to understand your rights regarding spousal maintenance, formerly known as alimony. The best thing you can do for yourself is to find a trusted local attorney who has years of experience with maintenance cases to defend your rights.
What Is Maintenance?
Maintenance is the obligation of a spouse to provide financial support for a former spouse, on a temporary or permanent basis. Maintenance may be appropriate in family situations where one spouse’s income is greater than the other spouse’s income.
In determining whether maintenance is appropriate, several factors are considered including, but not limited to:
- The income and property of each party
- The needs of each party
- The present and future earning capacity of each party
- Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment or career opportunities due to the marriage
- The time necessary to enable the party seeking maintenance to acquire appropriate education, training and employment; the standard of living established during the marriage
- The duration of the marriage; and the age and the physical and emotional condition of both parties
In cases where the court determines that maintenance is appropriate, the statute sets forth guidelines for setting maintenance amounts and durations for families earning $250,000 or less. Under some circumstances, a deviation from the guidelines may be appropriate.
Seeking Help You Can Trust
If you live in DuPage County, Will County or the surrounding counties and need to learn about your options regarding maintenance, contact Fay, Farrow & Associates P.C.. Together we have almost a century of experience helping families through the divorce process by protecting their rights to alimony.
We don’t charge for the initial consultation, so call us in Naperville today at 630-230-1468 to learn how we can defend your rights.