Experienced Spousal Support Lawyers Advocating for Fair Maintenance in Wheaton, IL
During the divorce process, one spouse may have concerns about staying afloat, especially in relationships where one spouse drastically out-earns the other. A spouse may request support from the court to alleviate that financial strain, though it is not a guarantee. Having a skilled Wheaton, IL spousal support attorney in your corner is important for staying informed of your rights and strengthening your position in court.
At Musielak & Rosinski LLC, we help people negotiate around alimony-related concerns, whether they are seeking support or being asked to cover it. We have decades of family law experience, so you can trust us to review your support request in detail and advocate for your interests in negotiation.
When Is Spousal Support Awarded in an Illinois Divorce?
Sometimes called alimony or spousal maintenance, spousal support consists of payments made by one spouse to the other. It is meant to ensure that both spouses will be able to support themselves and address their ongoing needs. Ideally, both parties should be able to maintain the standard of living they had during their marriage, and when there is a large difference between the incomes earned by each party, ongoing payments may be necessary to ensure a fair outcome in a couple's case.
Eligibility for spousal maintenance is determined based on a wide range of factors. Some of these factors include (but are not limited to):
- The length of the marriage
- The age and health of both parties
- Contributions that both parties made to the marriage, including assistance that one spouse provided to help the other increase their income
- Each spouse's employment history, education, and other factors that may affect the income they are able to earn
- Agreements between the spouses, such as prenuptial or postnuptial agreements
Our firm can help you determine how much spousal support will be paid and for how long. We will work to ensure that, if spousal support is appropriate, the amount of the payments will be reasonable, and they will last for an appropriate period of time, in accordance with the formulas provided in Illinois law.
Despite the statutory formulas that will be applicable in many cases, the methods used to determine spousal support are not set in stone, and a judge may choose to deviate from the guidelines as they see fit. With that in mind, it may be in your best interest not to leave these decisions up to the court. Instead, you may attempt to negotiate a settlement with your spouse by means of mediation or collaborative law. We can work with you during these negotiations and advise you on how to make beneficial decisions. If necessary, we can utilize our extensive litigation skills and aggressively advocate for you in court.
When Can Spousal Support Be Modified in DuPage County?
Spousal support orders in DuPage County are rarely immutable, and either spouse can request a modification when circumstances change significantly. Common reasons include a major shift in either spouse's income, an unexpected job loss, a serious health issue, or retirement.
Remarriage or cohabitation on a resident, continuing conjugal basis by the receiving spouse can also justify ending support altogether. Courts review updated financial information from both parties before deciding whether to adjust the amount, duration, or termination of support. Working with an attorney to properly document the change and file the necessary request can help protect your interests going forward.
Contact Our DuPage County, IL Spousal Support Lawyers
If you have questions about how spousal support may be addressed during your divorce, call Musielak & Rosinski LLC at 630-344-6525 or contact our Wheaton, Illinois spousal support attorneys to set up a free consultation.