What Is Maintenance in Illinois?

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What Is Maintenance in Illinois?

Elgin Divorce Attorneys Explain If You Are Entitled to Spousal Maintenance

Maintenance is the newer, more recognized term for what was formerly referred to as alimony. This is spousal support paid to one party from another party. If you are curious about whether you are entitled to maintenance or not, our team at Pucci Pirtle can examine your circumstances or case in order to best assist you moving forward.

One example that is quite common for maintenance being paid is if one of the spouses stayed at home to raise a family while the other spouse worked to financially support the family. The spouse who was at home will receive maintenance from the other. We will make sure that if you are that spouse, you are receiving your entitled amount, but that you are also looking at your means for down the line. The big question is: Will you be able to afford a home for your children if you waive maintenance? That is a determination with which we can help.

In the past, when the courts were deciding which spouse would receive maintenance, they took certain factors into consideration such as fault or marital misconduct. However, in Illinois, those elements are no longer relevant to the courts. They will instead examine such things as:

  • The length of the marriage.
  • The present and future earning capacity of each spouse.
  • The tax consequences after division of property.
  • Any other factor that the court believes is fair and equitable.

We here at Pucci Pirtle pride ourselves with our years of experience dealing with family law cases. If you have any questions regarding maintenance or anything else about your divorce case, please contact us at one of our offices near you in order to set up a free consultation. If you are located in the St. Charles area, call us at 630-945-8807. We also have an office in Algonquin that is by appointment only. It's number is 224-249-3200. Lastly, you may call us at our Elgin office, at 847-426-1866, to speak with someone from our attorney team.

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