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Understanding Spousal Support

Seeking Spousal Maintenance in Batavia, IL

One of the most important factors that must be determined before a divorce is officiated is that of spousal support. The distribution of support from one member of a divorce to the other is called spousal support. It is commonly referred to as alimony and in the State of Illinois is sometimes called maintenance. Support is given on a monthly basis and is a set sum of money officiated by the court before and after the divorce. It is usually only required for a given time period at which point, other accommodations are expected to be established.

How is spousal support determined?

Spousal support is decided solely by the court unless your case can be settled in an uncontested divorce. The judge will decide how much alimony should be awarded, if any, and the form that support takes. This decision is made based on several factors, including:

  • Both parties' income and assets are put into consideration
  • You and your spouses' financial needs
  • Earning capabilities
  • Standard of living while married
  • Years of marriage
  • Age
  • Health conditions

The length of time the divorcing couple has been married is the main consideration when the court decides how long the alimony will last. I provide expert legal guidance to help you establish a spousal support agreement that is favorable to your needs and desires.

Types of Spousal Support

There are different forms that alimony can take and this is determined based on factors that the court takes into consideration. The three forms are permanent, rehabilitative, and reviewable spousal support. Permanent maintenance does not have an end date but is instead terminated when certain events occur. These events include the death of either party and remarriage or cohabitation with another individual by the receiving party. Rehabilitative spousal support is granted with the stipulation that the receiver must make diligent efforts to become financially independent. Reviewable spousal support is given for a set time period at which time the court reevaluates the case to determine whether or not support should continue.

Alimony decisions will undoubtedly have a great effect on your livelihood, whether you are at the supporting or receiving end of spousal support. As you begin this new part of your life, it is important to have financial stability. I am here to help you receive a just outcome of your case that supports your rights and needs. If you are in need of spousal support, contact the Batavia divorce lawyer at my office today to get started on your case!

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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