St. Charles, Illinois Alimony Attorneys
Spousal Support and Maintenace Lawyers Serving Kane County
Spousal support, also known as alimony and spousal maintenance, is one of the most complex aspects of divorce. For couples who do not have a prenuptial agreement, the process of determining spousal support during divorce can be tedious and frustrating. Unlike child support, which follows Illinois guidelines, spousal support orders are completely individualized to the couple. At Bochte, Kuzniar & Navigato, P.C., our attorneys are well aware of the complexities of determining spousal support orders. No two divorce cases are alike, and our lawyers are prepared to present the facts of your individual case before a family law judge with the goal of securing the best outcome possible.
Factors for Determining Spousal Support
Illinois family court judges will consider a variety of factors before finalizing a spousal support order, including but not limited to, the:
- Assets and income of each spouse;
- Income needs of each spouse;
- Earning potential of each spouse;
- Standard of living during the marriage;
- Age, mental and physical health of each spouse; and
- Presence of a prenuptial or postnuptial agreement.
In addition to these standard factors, the court may find other factors applicable to determining an equitable arrangement. The process for determining spousal support is so individualized that it is important that both spouses fully disclose all assets, debts, and needs. Once a judge determines that spousal support will be ordered, the next step is determining how much will be ordered, and for what duration.
In Illinois, spousal support may be ordered on a temporary or permanent basis, such as:
Temporary Support - Designed to help the receiving party re-establish him or herself after divorce, including obtaining income or further education. Temporary support is terminated when the receiving party cohabits with another person or remarries.
Permanent Support - Permanent support is most often awarded in cases where the couple have been married for at least 15 years. In addition to the standard factors, the court will consider additional factors such as the length of the marriage.
Rehabilitative Support – This type of alimony is awarded to a spouse in order for them to become self-supporting. For instance, if one spouse has not worked in many years, this type of support allows them to go back to school or obtain additional job training in order to enter the work force and become self-supporting post marriage.
Both men and women are eligible to receive spousal support depending on the individual case. The overall goal of spousal support is to help ensure that both spouses are able to support themselves adequately after the divorce is finalized. If the financial position of one spouse changes significantly, the spousal support order may be modified. Spousal support may also be terminated if the spouse receiving support remarries.
If you have questions about spousal support or alimony, call on the experienced lawyers at Bochte, Kuzniar & Navigato, P.C.. Our attorneys have over 40 years of experience representing clients throughout the western suburbs of Chicago, including St. Charles, Elgin, Batavia, Aurora, Elgin, Wheaton, Geneva, DuPage County, Kendall County, and DeKalb County. Contact our St. Charles office today at (630) 377-7770 to schedule a free consultation.