Kendall County Spousal Support Attorneys
Maintenance Lawyers Serving Montgomery, Aurora, and Kendall County
In many marriages, one spouse will assume responsibility for the family’s finances. He or she is often the primary wage-earner while the other spouse earns significantly less but may be responsible for other aspects of family life. When such a marriage ends in divorce, the lower-earning spouse may require spousal support, also known as maintenance or alimony, to offset some of the financial impact of the dissolution. At Robertson Legal Group, LLC, we are prepared to help spouses on either side of the spousal support issue protect their rights throughout the process.
Determining the Need for Spousal Support in Montgomery
Our skilled family law attorneys have more than 14 years of experience helping clients throughout Kendall County with their divorce-related concerns. We know that spousal support in Illinois is awarded only when a need exists, and, absent an agreement between the spouses, the need is never presumed. Instead, when one spouse asks the other for support, the court will look at a number of factors to determine if maintenance is appropriate. These considerations include:
- Each spouse’s income and resources, including the marital property apportioned in the divorce;
- Each spouse’s current and projected needs;
- Each spouse’s realistic earning capacity;
- The impact of domestic or marital duties on the career of the spouse seeking support;
- The time needed for the spouse seeking maintenance to gain employment to support himself or herself;
- The length of the marriage;
- The standard of living created during the marriage;
- The contributions of the spouse seeking support to the career and earning capacity of the other; and
- Any other factor the court finds to be relevant.
At Robertson Legal Group, LLC, we can help you and your spouse reach an agreement regarding spousal support through negotiation and compromise. If an agreement is not possible, however, we are not afraid to advocate on your behalf at trial as well.
Kendall County Attorneys for Calculating Support Orders
When spousal support is determined to be appropriate, there are provisions in the law for calculating the amount of the payments and the time period over which they are to continue. In cases where the couple’s combined annual income is less than $250,000 and there are no previous orders for child support or maintenance, the court is expected to calculate spousal support payments using a standardized formula based on each spouse’s income and the length of the marriage. If the couple’s income exceeds $250,000 per year or either spouse has previous support obligations, the court may use its discretion in setting the payment amount and duration.
Despite the statutory formula provided in the law, each situation is different. Our attorneys will help you understand your options and will remain at your side every step of the way.
Call for a Free Consultation
If you have questions about divorce or spousal support in Illinois, contact our office. Call 630-882-9117 for a free consultation at Robertson Legal Group, LLC. With locations in Yorkville, we are proud to serve clients throughout Kendall County and the surrounding areas.