No, maintenance is not automatically awarded in every case. The court carefully reviews the specific financial circumstances of both you and your spouse to determine if an award is necessary and fair.
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Maintenance & Alimony
Rolling Meadows Spousal Maintenance & Alimony Lawyers
Also referred to as spousal support or alimony, spousal maintenance is the amount of money paid by one spouse to another throughout the course of a divorce and after the divorce is finalized. Though spousal maintenance and alimony are not awarded in every case, it is important that it is granted or refused in all of the appropriate situations.
At Heckman Law, we use over 10 years of experience in the area of family law to walk our clients through the process of seeking spousal maintenance or attempting to prevent spousal maintenance from being awarded. Our attorneys work closely with clients to ensure that their rights are protected, and options are explained. Contact our office online or call 847-705-8000 to schedule an appointment.
Types of Spousal Maintenance
There are several types of spousal support that are granted in Illinois:
Permanent Maintenance
This type of maintenance is generally granted to spouses who have relied completely on their former spouse’s income and are elderly or unlikely to ever earn an income that allows them to maintain their current lifestyle.
Temporary Maintenance
This support payment is paid in order to help a spouse while the divorce is still pending.
Maintenance in Gross
This type of spousal support is paid in one large payment near the date of divorce. There can be certain tax advantages to this form of alimony.
Rehabilitative Maintenance
Also known as “reviewable” or “periodic maintenance,” this type of support is granted in order to provide a spouse with the proper financial support while they return to the workforce.
Unallocated Maintenance
This type of maintenance does not distinguish between child support and spousal maintenance. This option may also provide you with certain tax advantages.
Factors That Contribute to Spousal Maintenance
There are many factors that the courts may consider when determining if alimony is appropriate and what amount, such as:
- Length of the marriage
- Age of the parties
- Each spouse’s earnings
- Each spouse’s income-earning potential
- Education level of each spouse
Contact Our Divorce and Spousal Maintenance Attorneys Now
Contact us to schedule your free initial consultation about your spousal maintenance and alimony or other divorce concerns. During this meeting, we can determine the most effective way in which to pursue a resolution for you. Our firm consistently keeps your best interests in mind as we work together to reach a solution.
FAQs About Maintenance in Illinois
Why are there different kinds of maintenance?
Because each divorce case is unique, different life circumstances may require a different approach to maintenance. Rehabilitative maintenance is typically granted to support one spouse while they work on becoming self-supporting, for instance, while permanent maintenance is typically awarded in long-term marriages when one spouse may not have the ability to support themselves due to age or health reasons.
How does my age affect the court's decision on alimony?
Age is carefully considered, especially regarding your ability to enter or re-enter the workforce. If you are older and nearing retirement, for instance, the court may view your earning potential differently than a younger individual with many working years ahead.
What if I need financial help now, while the divorce is still happening?
You do not have to wait until the divorce is final to get financial help. We can help you request “temporary maintenance,” which will provide support to help you cover your living expenses while your divorce case is still pending in court.
Can my spouse and I agree on maintenance outside of court?
Yes. In fact, reaching an agreement through negotiation is often less stressful and more cost-effective. We can help you draft a customized, fair maintenance agreement that protects your interests without the need for a lengthy trial.
Contact our office to arrange for a free initial consultation and review of your case.
What Our Clients Say!
Esq. Andrea, keep up the great work! You are the best!
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Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn't be happier! Thank you so much for everything! Great attorney for all...
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if...
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