Maintenance Attorneys in Barrington

Compassionate Cook County Advocates

Generally, after a divorce, the two separated parties are glad to finally be done with the long and arduous process, and ready to have fresh starts independent of each other. However, there are certain cases where, due to emergency or extenuating circumstances, the two people must maintain a certain relationship. This continuing bind is usually a financial one, sometimes referred to as alimony, spousal support, or spousal maintenance.

Illinois law permits a spouse who has been restricted from a reliable income by injury, illness, or other extreme circumstance, to receive payments from the other spouse. These payments are almost always reserved for the most basic needs of food and housing, but can also help a spouse get necessary training or education so they can support themselves. If you are seeking knowledgeable advice, our maintenance lawyers in Barrington are here to help.

Contact us today so that our qualified maintenance attorneys at Mandas Law can help you understand who qualifies for maintenance and how long support lasts. Ask us about our mediation options for spousal maintenance.

What Affects Maintenance Payments?

Many people assume that any individual who has to pay maintenance to their former spouse is being in some way punished, while the one who receives support is being rewarded. In reality, Illinois courts do not look at the apparent morality of either spouse. Adultery, for example, is neither criminalized nor considered as a qualification for maintenance. However, there are some other key factors that are taken into account, affecting whether or not a spouse gets maintenance, and how much maintenance is supplied.

Some of the most crucial aspects which affect maintenance awards include:

Each spouse’s current income

The amount of property that each partner owns

The individual financial requirements for each partner

Each person’s ability to find work or continue earning in the future

The likelihood that a spouse would be able to increase their salary or income through further employment or education

The amount of time additional education, training or job searching would take

The current standard of living in comparison to the couple’s past standard of living

Each spouse’s age and physical and mental health

The amount of money and time that one spouse contributed to the other spouse’s education, career, or advance in gaining certain qualified degrees or licenses

A legal document, including prenuptial or postnuptial agreements

How Maintenance Works

Here in the state of Illinois, maintenance can actually take a number of different forms and durations. Some maintenance agreements can just be temporary, while others are reviewable after several months. Still others can be permanent. The maintenance might be able to be paid in regular payments, or it could even be made in a single lump sum.

If the maintenance is decreed as being permanent, this really means it will continue unless another event occurs that trumps the legal claim. Such examples include one spouse dying, or the spouse paying maintenance being forced to retire, or even a remarriage of the maintenance recipient. On the other hand, there are also alternative forms of maintenance, designed to last only until a spouse has completed the training and education necessary to find support through a normal income.