Wheaton Spousal Support Attorneys

Experienced Wheaton, IL Divorce Lawyers for Spousal Maintenance Issues

Spousal support, also referred to as maintenance or alimony, is a form of financial assistance that a judge may award in a divorce. The intention behind spousal support is to give one party the resources they need to become financially independent after their marriage ends. The higher-earning spouse will make regular spousal support payments for as long as the order lasts.

However, spousal support will not be ordered in every divorce. If you have concerns about an arrangement of spousal support, a skilled family law attorney in Wheaton, IL can advocate on your behalf for a favorable resolution. At Roberts PC, we can help you address critical divorce issues, providing straightforward, honest legal advice in any situation.

When Is Spousal Support Ordered?

If a settlement is not reached outside of court, spousal support will be awarded at a judge's discretion, depending on factors such as:

• How long the marriage lasted
• The earning capacity of each spouse
• The physical health of each spouse, including age or illnesses
• The needs of each spouse
• How long it would take for the recipient spouse to become self-supporting
• The couple's standard of living during the marriage

Since Illinois is a no-fault state, a judge will not consider marital misconduct when deciding whether to award alimony.

In general, spousal support is usually reserved for cases where one party makes more than the other. A stay-at-home spouse without a traditional income may be more likely to receive maintenance than a spouse who works full-time and earns enough to cover their ongoing expenses. Similarly, a spouse who is close to retirement age may be more likely to receive alimony than a spouse who is young, healthy, and employable.

Types of Spousal Support

Spousal support orders are very flexible, and they may be tailored to the needs of the recipient spouse. Different types of spousal support include:

• Temporary Spousal Support: This is more likely to be awarded when there is a small gap in income between the spouses, and it is intended to alleviate the financial burden on a spouse while they are separating and establishing new living arrangements. Temporary spousal support is paid during an ongoing divorce and terminates once the divorce is finalized.
• Fixed-Term Spousal Support: This may be awarded in marriages lasting more than a few years, and it is intended to help a spouse reach long-term financial stability. These orders will last for a certain percentage of the marriage's length.
• Indefinite Spousal Support: This is often awarded in marriages lasting for 20 years or more, and it is intended to provide a spouse with ongoing relief. These payments may last for as long as the marriage itself or until either spouse dies.

Enforcement and Modification of Spousal Support

When your financial circumstances change after your divorce, a modification of spousal support may be in order. The court will only grant a modification if a substantial change has occurred. You will need to show that your circumstances have changed and that these changes were made in good faith. For example, if you suffered a serious injury that has forced you out of work, you could petition to temporarily suspend your requirement to pay maintenance.

By the same token, if your former spouse is not paying you what you are owed, you can take steps to have the order enforced by the court. A judge can issue orders that will collect the overdue payments, such as by garnishing wages or other benefits. At Roberts PC, we can help you petition for a modification or enforcement of a spousal support order, making an aggressive case for solutions that will protect your financial interests.

Meet With a Wheaton, Illinois Spousal Support Lawyer Today

At Roberts PC, we are very familiar with the laws that govern spousal support in Illinois. We have the resources, skills, and knowledge to advocate for your best interests inside and outside of court. To schedule a free consultation, contact our offices at 630-668-4211 today.