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DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

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333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

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Subscribe to this list via RSS Blog posts tagged in spousal support

DuPage County divorce lawyersWhen one spouse has a significantly higher income than the other, the transition from married to single life can be particularly hard on the lower-earning spouse after divorce. This is especially true when the latter spouse has taken on most of the home and family duties in order to support the other’s career advancement. 

To ease the transition, the higher-earning spouse often makes monthly maintenance payments to the other for a year or more after the divorce. However, there are many misconceptions about Illinois laws on spousal maintenance, also known as alimony. Both spouses should go into a divorce understanding what they can realistically expect when negotiating a maintenance agreement.

Q: What if I Do Not Think I Need Maintenance at the Time of the Divorce, But Change My Mind Afterward?

A: If you waive your right to maintenance in your final divorce settlement, you cannot go back to court later and try to obtain maintenance (750 ILCS 5/457e). Therefore, one important step in the divorce process is to work out a budget and determine how much money you will need to support yourself after the divorce.

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DuPage County divorce attorneys

A divorce settlement may require a higher-earning spouse to pay monthly spousal maintenance, also known as alimony or spousal support, to a lower-earning or stay-at-home spouse. The divorce decree will specify the amount of the monthly payment and the duration of payments. If the decree specifies “indefinite” payments, you might assume the payments are guaranteed to continue until the recipient dies or remarries. 

However, the use of the term “indefinite” does not guarantee the recipient payment of maintenance for life. It is important for both spouses to understand when and how an award of maintenance could be modified in the future. If a spouse expects to depend on a fixed amount of income for the rest of their life, extra care must be taken in drafting the marital settlement agreement. 

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IL divorce lawyerIf you are currently married but are not happy and wish to end the relationship, there are a few different options. Two of the most common options are legal separation and divorce. Divorce is well-known and very common, ending in the dissolution of the marriage. It also allows a couple to separate and divide up property and assets. Child custody and maintenance may also be worked out in a divorce.

Legal separation is not as well-known. If a couple legally separates, they do not dissolve the marriage, but instead will have a separation agreement. Many of the same issues are addressed, such as child visitation, custody, alimony, or maintenance. However, it does not divide up properties and assets unless both people agree to it ahead of time. Neither spouse is allowed to remarry because the marriage has never been formally dissolved. There are differences in how finances are handled in each option so it is important to evaluate all your options before making a firm decision.

What Is Better About Legal Separation?

Not all marriages will benefit more from legal separation. However, if you wish to take advantage of any of the benefits below, it may be beneficial to legally separate instead of divorce:

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IL divorce lawyerIf you and your significant other are entering into the divorce process, it can put a strain on your finances. Divorces can sometimes be a costly process, especially if it is a contested divorce and you and your spouse cannot agree over anything. The court process often leads to people having to take a hard look at their finances to determine how they can pay for everything now that they are alone. The divorce process is difficult on your finances, but it can be less difficult if you follow the tips listed below.

No Impulsive Decisions

Divorce changes people. It can be for the worse, or for the better. For a period of time, many people will feel distraught about their relationship ending and might make impulsive decisions such as buying a boat or motorcycle or moving to a new city without any planning. It is important to wait until you are sure you have processed the divorce before making those types of financial decisions.

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Illinois divorce lawyerThe majority of divorcing couples understand the purpose of child support and spousal support. However, only few have heard of and are familiar with unallocated support. Unallocated support can benefit both parties and is an effective way to settle support issues in some divorce cases.

Unallocated Support Defined

An unallocated support payment combines child support and spousal support. It is a viable option when the spouse paying the support has a substantial income and the spouse receiving it has minimal to no income.

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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