Spousal Support Attorney Elmhurst
Spousal Support Attorney Elmhurst
Spousal support – or what many people call alimony – does not play a role in every divorce, but when appropriate, it can be an important tool for helping the spouse with fewer financial assets gain greater financial independence post-divorce (and/or while the divorce is pending). The issue of spousal support is often quite complicated, and working closely with an experienced spousal support attorney in Elmhurst is in your best interest.Â
Qualifying for Spousal Support
The court will only grant spousal support when the spouse who is requesting it can demonstrate a verifiable need for financial support during and/or after the divorce. The court’s goal is that both spouses will maintain the basic standard of living they achieved in their marriage. Financial discrepancies between spouses, however, can also be addressed in the equitable distribution of marital assets.Â
Rehabilitative Alimony
Most alimony or spousal support is rehabilitative support, which can be ordered for a brief amount of time, for a longer period, or for an indefinite period (with periodic reviews to verify its ongoing necessity). Rehabilitative alimony is intended to allow the recipient to gain the education, job skills, and/or experience necessary to become financially independent and self-supporting.Â
Permanent spousal support is generally reserved for those situations in which the recipient is unable to support himself or herself due to factors such as physical or mental illness, advanced age, or care obligations to a child with disabilities.Â
Factors that Play a Role
When the court orders spousal support, it takes a wide range of factors into consideration in the determination of the payment amount and the duration of the support. If you are the spouse seeking spousal support, you can expect the following factors to play a role:
- The duration of your marriage
- The standard of living you established during your marriage
- Your relative need for financial support
- The realistic present and future earning potential of you and your divorcing spouse
- Any sacrifices you made in your own career in support of your spouse’s (leaving the workforce to stay home with the children, for example)
- Any contributions you made to your spouse’s education and, as such, supported his or her career development
- The amount of time you would need to become financially independentÂ
- You and your spouse’s ages and the overall health of each of you
- The tax implications of your division of marital property
- The terms laid out in any valid prenuptial or postnuptial agreement
- Any other factors deemed relevant by the court
An Experienced Spousal Support Attorney in Elmhurst Can Help
If you are facing a divorce and believe you qualify for spousal support, reaching out to a dedicated spousal support attorney in Elmhurst early in the process is well advised. Cameron H. Goodman at Goodman Law Firm has a wealth of experience successfully protecting the financial rights of clients like you, and he’s here for you, too. Your case is important, and we are on your side –so please don’t hesitate to contact us for more information today.
FAQs About Divorce in Illinois
What should I do if I have been served with divorce papers?
If you have received service of divorce papers, contact an experienced divorce attorney to review the documents, understand your rights, and plan your next steps. Time is critical in divorce proceedings, and having skilled legal counsel from the start can make all the difference.
How can I prepare for my initial consultation with a divorce attorney?
Bring documents such as financial records, prenuptial agreements, and a list of any questions you have. Be prepared to discuss your relevant goals and concerns openly and honestly. The more information you provide, the better we can assess your situation and develop a strategy that serves your best interests.
How are collaborative law, mediation, and negotiation different?
- Collaborative law is a structured process where both parties and their attorneys commit to resolving the divorce without going to court. It involves open communication and cooperation, with the goal of reaching a mutually beneficial agreement.
- In mediation, a neutral third-party mediator facilitates discussions to help divorcing parties reach a mutual agreement. Rather than making decisions, the mediator guides the negotiation process toward productive outcomes.
- Negotiation involves discussions between the parties directly or their attorneys to settle divorce terms. Unlike mediation, there is no neutral third party.
What should I expect during the divorce process?
The process typically involves filing for divorce, exchanging information, negotiating terms, and finalizing the agreement. If negotiations fail, courtroom litigation will become part of the process.
What happens if my spouse refuses to cooperate during the divorce?
If your spouse is uncooperative, the court may have to intervene to resolve disputes. At Goodman Law Firm, our attorney has experience in handling contentious cases and will advocate for your interests even in circumstances where spousal cooperation is limited.