Lisle Spousal Support Attorneys
Experienced Alimony Lawyers Serving DuPage, Will, and Kane Counties
Spousal support can be a very emotionally charged issue in a divorce. People who did not work for pay during their marriage are often afraid of being left in a position where they cannot afford to meet their needs. It can be very stressful for a homemaker to get divorced for this reason. In Illinois, getting spousal support is possible for many. While courts do not always order alimony payments, they will if the situation calls for it. Our attorneys understand the factors the court will consider when deciding if spousal support is appropriate. We will take care to emphasize the factors that lean in your favor as we prepare your case.
If you know that you are likely to need alimony, SpyratosDavis LLC will strategize carefully to give you the best chances of prevailing on this issue. It is also important to know that you and your spouse can also make an agreement out of court that includes spousal support. Divorce mediation is often faster and less expensive than a trial while still producing fair results. Our attorneys will openly discuss all of your options and their possible outcomes with you so that you can make well-informed decisions.
How Do Courts Decide Whether Spousal Support Is Appropriate?
Illinois law sets out a number of factors that courts should consider when deciding whether to order spousal support payments in a divorce. You should note that in many cases, the court does not need to decide this issue, because the spouses were able to reach an agreement. While we often achieve excellent results in out-of-court negotiations, we are also very prepared to argue your case in court.
If your case must be tried before a judge, factors the court may consider include:
- Length of marriage - Spouses who were only married for a short time are far less likely to receive spousal support. Those who were married for a very long time and did not work for pay during their marriage are more likely to receive support.
- Earning capacity - We will urge the court to be very realistic about your future earning capacity. If you are older, in poor health, lack education or job skills, have been out of the job market for an extended period of time, or have limited earning capacity, the court is more likely to grant you alimony.
- Contributions to your spouse's career - It is implicitly presumed by Illinois law that a homemaker or lower-earning spouse contributes to their higher-earning partner's earning capacity. The court will also consider any other clear contributions you made to your spouse's career, such as supporting them while they were in school.
- Each party's needs - Our attorneys will make a strong effort to understand your specific personal needs and what financial power you need to meet them. For example, if you need costly medications or medical treatments, we will need to inform the court of how this may affect your financial resources. This may impact your ability to receive spousal support.
- Personal non-marital and marital assets - The court will consider what assets you and your spouse each have access to or control over. If you have substantial non-marital personal assets, the court may not think that you need alimony. However, if your spouse has significant non-marital assets, while you have little of your own wealth, you are more likely to recieve alimony. What marital property you will keep in the divorce can also be considered here.
No one single factor controls the court's decision. Our lawyers will review each of these factors and all other factors listed in Illinois law to determine how they apply to your case. We will strategize carefully to emphasize the factors that weigh in your favor.
Contact a DuPage County Spousal Support Lawyer
The highly skilled lawyers at SpyratosDavis LLC will do all we can to help you obtain the spousal maintenance payments you need and deserve after your marriage. We will strive to resolve this issue by agreement wherever possible, but we are well-prepared to take your case to court. Contact us at 630-810-8881 to arrange your first confidential consultation with an experienced attorney.