Spousal Maintenance Attorneys in Kane County
Lawyers for Spousal Support Proceedings in Elgin, Batavia, and Throughout Kane County
The experienced divorce lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC, know how complex the issue of spousal maintenance can be. Formerly called alimony, maintenance is the financial support that one spouse may be required to pay to the other following a divorce. In Illinois, spousal maintenance is not presumed or automatically granted. Instead, it is only awarded if the circumstances of your divorce show the need for such support. To speak with a knowledgeable alimony attorney, contact MKFM Law at 630-665-7300 today.
Understanding Maintenance and Alimony in Illinois
At our law firm, we are regularly approached by clients who need answers regarding spousal maintenance and how it is awarded. Under the law in Illinois, there are many factors that a court must consider when making its determination about the need for spousal support. These considerations include:
- Each spouse's needs, income, and resources;
- The amount of marital property and how it is being allocated in the divorce;
- The age, health, and employability of each spouse;
- The ability of each spouse to be self-sufficient;
- Contributions by either spouse to the other party's earning potential;
- Tax considerations;
- A valid prenuptial or postnuptial agreement between the spouses; and
- Any other factor found to be relevant.
The court also has the power to issue a temporary order for maintenance while the divorce proceedings are ongoing. If alimony is found to be appropriate, the law provides guidelines for calculating the amount and duration of the award based on the income of both parties and the length of the marriage to be used in most cases.
Possible Impact of Marital Misconduct
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have handled divorce cases of all types for clients throughout the region. Sometimes, it is easy to believe that your spouse owes you maintenance simply because his or her behavior is responsible for your divorce. While your spouse's actions, including infidelity, abandonment, or abuse, may have led to the breakdown of your marriage, Illinois law prohibits courts from considering marital misconduct when determining an award for spousal support. Our attorneys are equipped to help you understand the law and will work with you in presenting the best possible case for maintenance if your situation requires it.
While no two cases are exactly the same, our attorneys have successfully navigated hundreds of divorce cases. We are prepared to put that experience to work on your behalf. Contact the office of MKFM Law, to discuss your case and get the answers you need. Call 630-665-7300 today. We proudly serve St. Charles, Elgin, Batavia, Geneva, Barrington Hills, and the rest of Kane County.