Maintenance, Alimony and Spousal Support
Maintenance is the legal term for the financial support paid from one spouse to the other spouse following a divorce. Maintenance is also known as alimony or spousal support. Illinois law requires the court to consider several relevant factors to determine if maintenance is appropriate. If a court determines that maintenance is appropriate, the court must determine if the Illinois’ maintenance guidelines apply. The specific circumstances of a case may justify a deviation from the maintenance guidelines, or the maintenance guidelines may not be applicable. In these cases, the courts exercise broad discretion to determine the amount and length of maintenance after consideration of a variety of relevant factors. Due to the broad discretion of the courts and significant impact on both individuals following a divorce, it is important to feel confident in your attorney’s ability to properly analyze the issue of maintenance. Clark & Steiner’s attorneys draw from our vast experience and creative thinking to advocate a resolution of maintenance to serve the best interests of our clients with an eye on their future.
Review, Extension and Modification of Maintenance
Illinois law provides for many different types of maintenance. Maintenance awards may be for a finite period of time or indefinite; rehabilitative, reviewable or permanent; paid in a lump sum or paid in increments; modifiable, extended or non-modifiable. Unless the maintenance award in your judgment is not subject to modification, you may need to petition or respond to a petition concerning maintenance subsequent to entry of the final divorce judgment. These post-judgment petitions can be very stressful for a maintenance payor or recipient. Additionally, the issues involved in post-judgment petitions relating to maintenance may be complex due to remarriage, increase to income or acquisition of assets post-judgment, loss of income or assets post-judgment, and other changes since entry of the divorce judgment. Post-judgment petitions relating to maintenance require careful and thoughtful attention to pursue or defend. Clark & Steiner’s attorneys have significant experience representing both payors and recipients of maintenance in post-judgment petitions including but not limited to petitions involving requests for increase and decrease to maintenance awards, termination due to cohabitation, termination due to changes to an individual’s circumstances, review of maintenance and extension of maintenance.
Enforcement of Maintenance Awards
In the event your ex-spouse is not complying with an existing maintenance order or judgment, Clark & Steiner’s attorneys will seek enforcement of the court’s order or judgment on your behalf.
Clark & Steiner, Ltd.
Attorneys At Law