Spousal Maintenance

Lawyers Protecting Your Rights in Spousal Maintenance and Illinois Property Division Matters

Attorneys serving families in the Decatur and Jacksonville area

Alimony payments have nearly doubled in the last 10 years, meaning that spousal maintenance is more a part of the divorce landscape than ever before. In Illinois, a judge may order short-term alimony or long-term alimony.

The family law attorneys at Londrigan Potter Randle P.C. meticulously review the financial profiles of each spouse. We take aggressive action to represent our clients’ best interests. You can rely on Londrigan Potter Randle to zealously represent you in any civil matter, including an award of spousal maintenance.

What factors may a judge consider in an alimony award?

Section 750.504 enumerates the considerations that a judge may make in determining an alimony/spousal maintenance award. Notably absent is fault in the breakup of the marriage; for example, a husband may not use his wife’s affair to get the judge to lower alimony payments. Allowable factors include:

  • The payee spouse’s need. Does the payee spouse need to go back to school to earn more money, or is the payee spouse even capable of self-support at all?
  • The payor spouse’s ability to pay. This consideration is a double-edged sword that can increase or decrease the payments.
  • Noneconomic contributions to the marriage. Did one spouse sacrifice a career to care for minor children?
  • The earnings capacity of the spouses. Long-term alimony is designed to equalize the existing property division
  • The standard of living during the marriage. Alimony is also designed to equalize the parties’ standard of living following the divorce.
  • The length of the marriage. The rule of thumb is that longer marriages trigger larger alimony payments.
  • Any factors the judge considers just and equitable. Spousal maintenance awards are very difficult to overturn on appeal.

What type of alimony may the judge award?

The judge can order temporary alimony while the divorce is pending, permanent alimony after the divorce is final, or both:

  • Short-term alimony. Helps the payee spouse with attorney fees and rental deposits
  • Medium-term alimony. Gives a spouse time to prepare for a return to the workforce and necessary schooling
  • Long-term alimony. Helps a spouse who is unable to be self-supporting

Schedule a free consultation with central Illinois attorneys advocating for you

The attorneys at Londrigan Potter Randle serve you inside and outside the courtroom by explaining the legal issues to you and effectively presenting your side to the judge. Contact Londrigan Potter Randle P.C. at 866.658.3248 or online to schedule your free consultation.

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