Spousal Support Lawyers Naperville
Spousal Support Lawyers Naperville
Spousal support refers to what you may think of as alimony, and it pertains to payments made by one divorcing spouse to the other – or by one divorced spouse to the other – in those divorce cases in which the divorce creates a financial discrepancy between the income of each spouse. While spousal support is not a concern in all divorces, it does play an important financial role in some. If you have questions or concerns about spousal support, it’s time to consult with an experienced spousal support lawyer in Naperville.Â
Spousal Support
The goal of spousal support or maintenance in Illinois is to help balance each spouse’s financial situation (to the degree possible) post-divorce (and while the divorce is pending). The basic types of alimony awarded in Illinois include the following:
- Temporary spousal support is intended to help the spouse who is experiencing financial need maintain the financial status quo throughout the divorce process.
- Rehabilitative or fixed-term spousal support is intended to allow the recipient the financial assistance he or she needs while gaining the education, job skills, and/or experience necessary for him or her to gain financial independence post-divorce.Â
- Permanent spousal support is generally reserved for those instances when the recipient is unable to gain financial independence post-divorce due to age, illness, or another factor (such as caring for a child with physical and/or mental disabilities who requires around-the-clock care and supervision). Â
The Factors that Determine Spousal Support
The determination of spousal support is made on a case-by-case basis, but some of the basic factors that are taken into consideration in the decision-making process include:
- Each spouse’s earning potential and financial situation.Â
- Each spouse’s reasonable expenses
- The length of the marriage
- The standard of living established during the marriage
- Each spouse’s age and overall health (both physical and emotional)
- The economic and noneconomic contributions that each spouse made to the marriage, including contributions such as staying home to take care of the children and run the householdÂ
- Any economic losses either spouse encountered as a result of the marriage (such as giving up a career to support the other’s)
- Whether one spouse financially supported the other’s education during the marriage
- The tax consequences of the division of marital property in the divorce
- Any contractual agreements, such as a prenuptial or postnuptial agreement, that addresses the matter of spousal support
- The amount of time the spouse requesting support would need to become more financially independent.
- Any other factor that the court deems relevant in the unique situation at hand
Ultimately, the court attempts to balance all the competing factors involved in making spousal support determinations.Â
An Experienced Spousal Support Lawyer in Naperville Can Help
Cameron H. Goodman at Goodman Law Firm in Naperville is a practiced spousal support lawyer who recognizes the importance of your spousal support concerns and has the experience, legal insight, and dedication to help. For more information about how we can help you specifically, please don’t hesitate to reach out by contacting us 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.