Divorce Attorneys Serving Naperville and Suburban Chicago
Many people have misconceptions about spousal maintenance (formerly know as alimony). In many cases, the payment of maintenance is negotiable. Many complex factors need to be considered to determine whether maintenance is appropriate, and if so, in what amount and for how long. Structuring a maintenance award may take many forms. Maintenance may also have important tax ramifications.
If your divorce involves a claim for spousal maintenance or a request for a disproportionate share of marital property, then it is essential to retain an attorney with significant experience in these matters.
Contact us to schedule a consultation. Our attorneys routinely pursue and defend against claims for spousal maintenance, and we will work diligently to protect your rights.
What Spousal Maintenance Is — and Isn't
In Illinois, the provision of spousal maintenance is need-based rather than entitlement-based. The court may order temporary maintenance pending a final divorce settlement. In the final settlement, the court can order the payment of spousal maintenance to a spouse who is unable to earn a living or in cases involving very long-term marriages. A court can also insist on the payment of rehabilitative spousal maintenance so that a spouse can gain the education and skills needed to earn a living.
Our attorneys frequently handle cases involving temporary, rehabilitative and permanent spousal maintenance, and we understand the legal, financial and taxation issues in these decisions.
Spousal Maintenance or Property?
In most cases, the parties can choose to include or exclude spousal maintenance in the final divorce settlement.
There can be significant tax benefits to paying maintenance. Spousal maintenance is treated as taxable income for the receiver and is tax deductible for the payor. However, it may make more financial sense to forego spousal maintenance in favor of a certain property division settlement. We can review your situation and help you make the right decision regarding this question.
Contact a Lawyer
For a consultation with Calabrese Associates, P.C., call 888-849-2905 toll free or contact us online.
From our offices in Warrenville, Illinois, we serve clients in Naperville, Wheaton, Aurora, St. Charles, Glen Ellyn, Downers Grove and other communities in DuPage County, Kane County, Will County and Kendall County.
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