Skilled Long Term Alimony Attorneys Addressing Maintenance in Wheaton, IL
Money is often a source of tension during a marriage, so it should come as no surprise that it is often the cause of angry disputes during a divorce. Spousal support can be especially contentious, particularly when the payments could last a lifetime. Sometimes, a person may believe that they have financially supported their spouse throughout the marriage and should not have to continue to do so. At the same time, the other spouse may believe that he or she should be compensated for non-monetary contributions and sacrifices that he or she made during the marriage. To ensure that these issues will be handled correctly, it is important to understand how Illinois law addresses long-term spousal maintenance.
The alimony lawyers at Musielak & Rosinski LLC have the skills and knowledge to assist you in cases that involve long-term spousal maintenance or support. Our attorneys have extensive experience representing individuals who are seeking spousal maintenance as well as those who are contesting it.
What Will Long-Term Maintenance Mean for You?
There is a statutory formula that is usually used to determine spousal support in Illinois, and calculations will take the incomes of the parties and the length of the marriage into account. The law, however, also provides judges in family law cases with considerable flexibility and discretion when making decisions related to spousal maintenance. An experienced lawyer can help make effective arguments for why spousal support is or is not appropriate, ensuring that all of the proper factors are considered by a judge.
In most cases, fixed-term spousal support will be awarded. In these situations, payments will last for a limited period of time, which will be determined based on the total amount of time a couple was married. However, there are certain situations where indefinite spousal support may be appropriate. In general, indefinite maintenance may be awarded if a couple was married for 20 years or more or if one spouse is unable to earn a living and support themselves due to disabilities, advanced age, or a lack of work experience. Indefinite maintenance will not have an end date, but it may terminate when one of the following occurs:
- The spouse receiving the maintenance remarries.
- The spouse receiving the maintenance lives with another person on a continuing, conjugal basis.
- Either spouse dies.
Can Property Division Eliminate the Need for Long-Term Maintenance?
In some cases, a fair division of marital property can reduce or even eliminate the need for long-term spousal maintenance. If one spouse receives enough assets, such as investment accounts, retirement funds, or proceeds from the sale of a home, that spouse may be able to support themselves without continuing payments from the other spouse. This outcome is more common when the marital estate includes substantial liquid assets.
However, property division alone does not always solve the underlying need for support, particularly when one spouse has limited earning capacity or has been out of the workforce for an extended period. Courts consider whether the property awarded is likely to generate sufficient income or whether it would need to be spent down quickly, leaving the spouse without long-term financial security.
What Factors Are Considered in Long-Term Spousal Support?
Illinois courts weigh several factors when deciding whether long-term support is appropriate, including each spouse's income and earning potential and the standard of living established during the marriage. Contributions to the other spouse's education or career, age, health, and the time needed to become self-supporting are also considered before a final determination is reached.
Contact Our DuPage County Spousal Maintenance Attorneys
At Musielak & Rosinski LLC, our attorneys can help you understand whether you may qualify to receive spousal support or whether you may be required to make payments to your spouse. We will advocate for solutions that will protect your financial interests. To schedule a free consultation, please call 630-344-6525 or contact our Wheaton long-term spousal support attorneys.