Yorkville, IL Spousal Maintenance Lawyers

Experienced Spousal Maintenance Attorneys for Clients in Yorkville

Spousal maintenance (also called spousal support or alimony) does not come up in every divorce, but when it does, it may be a major point of disagreement between the spouses. In many cases, divorcing couples may differ on how much should be paid or even if support is appropriate at all. If you have any concerns about alimony in your divorce, a Yorkville, IL spousal maintenance attorney can help you stand up for your rights.

Having an experienced law firm at your side can be a major help in your divorce. At The Law Office of Matthew M. Williams, P.C., we have over 20 years of legal experience, allowing us to assist with even the most complicated financial issues in a divorce.

The Basics of Spousal Support in Illinois

Spousal maintenance is financial support that one spouse pays to the other during or after a divorce. Maintenance is not automatic in every case. A judge will only order maintenance after considering whether it is appropriate given the circumstances of the marriage. Spouses can also agree to pay maintenance on their own, which can allow for more flexible arrangements.

Illinois law directs judges to weigh several factors before awarding maintenance, including each spouse's income and property, the standard of living established during the marriage, the length of the marriage, and each spouse's earning capacity. A judge will also consider whether one spouse gave up career opportunities to support the household or raise children.

When maintenance is awarded, Illinois uses a formula based on both spouses' incomes to help calculate the amount and duration of payments, though a judge retains discretion to depart from the formula when the calculation would be unfair. Our attorneys can help you understand whether maintenance may apply to your case and build the financial record needed to support your position.

Does Spousal Maintenance Affect Property Division in Illinois?

Maintenance and property division are separate issues, but they can influence one another during settlement negotiations. A judge dividing marital property will often look at the overall financial picture, including whether one spouse will also receive or pay maintenance. A larger maintenance award may sometimes offset a smaller share of marital assets, while a substantial property award can, in some cases, reduce the need for ongoing support.

Spouses negotiating a settlement should consider both issues together rather than treating them as unrelated. Accepting a quick property settlement without factoring in maintenance, or agreeing to a maintenance amount without understanding how assets will be divided, can leave a spouse in a weaker financial position than necessary.

Modifying Spousal Maintenance After the Final Divorce Order

A maintenance order is not always permanent. Illinois law allows a spouse to request a modification when a substantial change in circumstances occurs after the divorce is finalized. Common reasons for seeking a modification to maintenance include a significant change in either spouse's income, job loss, or retirement.

The spouse requesting a modification has the burden of proving that circumstances have changed enough to justify altering the existing order. Courts will review updated financial information and compare it to the situation at the time of the original order.

Maintenance can also be terminated in certain situations, such as the remarriage or cohabitation of the receiving spouse. A request to modify maintenance can be contested, especially when the paying spouse believes the change is temporary or the receiving spouse disputes that circumstances have shifted at all. Our attorneys can help you pursue a modification or respond to a request filed by your former spouse.

Meet With a Yorkville, Illinois Spousal Maintenance Attorney

Spousal maintenance can significantly affect your finances during and after a divorce. Contact our Yorkville, Illinois spousal maintenance lawyers at The Law Office of Matthew M. Williams, P.C. or call 630-409-8184 to schedule a free consultation.