Spousal Support Lawyer Dupage County/Maintenance
Maintenance, formally known as alimony, is designed to help financially dependent spouses maintain a lifestyle they became accustomed to during their marriage. Unlike child support, there are no statutory guidelines that provide a framework for calculation of spousal support. Further, spousal support is not mandatory and is granted at the discretion of the judge or by agreement of the parties.
Financial disputes, often regarding spousal support, are at the center of prolonged litigated divorce proceedings. There are many factors that the court must look at in determining if spousal support should be ordered, at what amount, and for how long. Some of these factors include the length of the marriage, the parties' ages and health, each spouses earning capacity and wealth, and the standard of living the parties were accustomed to during the marriage.
In Illinois there are four types of spousal support (maintenance) that are available:
Temporary Maintenance may be awarded during the pendency of a divorce case and terminates upon the entry of a final Judgment for Dissolution of Marriage.
Permanent Maintenance is long-term maintenance that can last until the receiving spouse dies or remarries or the paying spouse dies or becomes disabled.
Rehabilitative Maintenance may be awarded for a set amount of time to help the receiving spouse get themselves into a financial position where maintenance is no longer needed to support their lifestyle.
Reviewable Maintenance is commonly awarded for a set period of time after which the court may reconsider if additional maintenance is necessary.
At Serpico Legal we represent both the financially dependent spouse and the financially independent spouse in such spousal support situations. We examine all of the complex factors in determining whether spousal support is appropriate, at what amount, and for how long. Negotiating spousal support can take many forms and have significant tax consequences. Often spousal support is tax deductable for the paying spouse and taxable to the non-paying spouse. In some circumstances a disproportioned property settlement may be a better resolution than spousal support.
Serpico Legal has the experience and the results you desire. Call us today at 630-283-1728 or contact us online for your free consultation.
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