Hinsdale Spousal Support Attorney

Helping Clients Reach Alimony Agreements in DuPage, Cook, Lake, Will, and Kane Counties

Spousal support, formerly known as alimony, can be a difficult topic to address during divorce. Few people are pleased to keep providing financial support to the person they are divorcing. However, in some cases, spousal support is both necessary and fair, especially if one spouse sacrificed career or educational opportunities for the good of the marriage. Longtime homemakers and stay-at-home parents are most likely to be financially reliant on their spouses. As these people are often at a great disadvantage when it comes to post-divorce finances, it only makes sense that the spouse they helped focus on career goals should be responsible for at least temporarily supporting them financially.

CG Law LLC understands the needs of primary earners, homemakers, stay-at-home parents, and lower-earning spouses during divorce. We are keenly aware that many married people make sacrifices in their earning potential so that they can contribute to their marriages and households in other ways. The work a homemaker does is valuable, and no one should be left without a way to support themself after years of putting their efforts into the home and family. We also understand the sacrifices a parent who provides more financially for the family makes and the unique challenges of that party.

Spousal Support by Agreement in Illinois

Spousal support can be arranged by mutual agreement in Illinois. Many married couples or soon-to-be-married couples use prenuptial or postnuptial agreements to establish maintenance payments if needed as a condition of becoming a homemaker.

While getting your spouse to agree to pay spousal support during the divorce process might seem like a monumental task, many courts award temporary maintenance while a case is pending. If you would likely be entitled to maintenance during the pendency of your divorce, your spouse may agree to pay support during mediation for the sake of avoiding a courtroom battle.

While child support and spousal support are entirely separate issues, your attorney may bring up the needs of your children during alimony discussions. Lower-earning or unpaid spouses may also serve as their children's primary caregivers, and they may have more parenting time during and after the divorce. Your spouse may be willing to consider alimony so that you and your children can live in a desirable neighborhood, afford quality nutritional foods, and enjoy enriching experiences.

Factors in Spousal Support Decisions

Some factors that should be considered when deciding whether one spouse should pay spousal support include:

• Length of marriage - If you were married for a long time, one spouse probably made significant contributions to the other spouse's earning potential. A homemaker will be likely to have a more difficult time re-entering the workforce if they have not worked for pay in many years.
• Earning potential - If one spouse gave up their career to stay home and raise the children, or if they chose not to pursue an advanced degree so they could focus on the home, they may not be able to start earning a reasonable living right away. A younger spouse may receive temporary alimony while they work on rebuilding their career. In cases where spouses are closer to retirement age or disabled, permanent alimony may be required.
• Duties to children/home - If a spouse is the primary caregiver for a child, especially a child with special needs, they cannot be expected to keep providing this care while also working full-time. A parenting plan may need to be established first before discussing maintenance or in conjunction with those discussions.
• The standard of living during the marriage - A couple's married lifestyle matters. If a spouse became accustomed to a certain lifestyle, they should not experience an abrupt decline in circumstances because they got divorced. If one spouse is a high-earner, the other spouse should be able to maintain a reasonably similar lifestyle after the divorce.

These factors are likely to be discussed whether a couple chooses to resolve their divorce in court or through alternative dispute resolution.

Contact a Chicago, IL Spousal Support Lawyer

CG Law LLC will make all efforts to address concerns related to alimony so that you will be able to maintain your lifestyle and your children's lifestyle after your divorce. We advocate for the rights of homemakers, stay-at-home parents, and lower-earning spouses, and we can also provide representation for spouses who are being asked to pay spousal support. Contact us at 312-884-9012 for a complimentary consultation.