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Posted on in Spousal Support

Lombard family law attorneyWhen a married couple divorces, the court may award spousal support to one of the spouses. Spousal support is sometimes referred to as alimony or spousal maintenance. It refers to payments that one spouse makes to the other in order to help them financially post-divorce. Spousal support can be based on a court decision, a prenuptial agreement or a postnuptial agreement. Maintenance is not always awarded in Illinois. In some cases, both spouses are self-supporting so there is no need for financial assistance. Even if there is a substantial difference in income between the two spouses, courts may account for this difference by awarding more of the marital property to the lower-earning spouse.

Who Gets Spousal Support?

Illinois courts have wide discretion in determining if spousal support will be awarded or not, how much payments will be, and for how long payments will occur. The court must consider the following factors in making decisions about spousal support:

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Posted on in Divorce

Lombard family law attorneyIn many divorce cases, the concept of marital misconduct is often discussed, if only to underscore the fact that any evidence of it is not applicable to most divorce-related discussions. While Illinois law expressly excludes it from playing a role in issues like property division, it is still important to understand exactly what constitutes marital misconduct and what is simply a difference of ideology or opinion between you and your spouse.

Marital Misconduct and Divorce

Marital misconduct is generally defined in the law as conduct of any kind that has helped erode the marriage. This can take many different forms, from the wasteful spending of marital money to adultery to domestic violence. In many states, this kind of conduct can have a negative effect on a spouse’s portion of the marital assets as well as on the amount of parenting time granted to them. The rationale behind such decisions is that someone who shows flagrant disregard for the marriage and its benefits should be entitled to less in a divorce.

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