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Cook County Maintenance Lawyers


Role of Maintenance

There are a wide range of family law matters that must be addressed when a couple decides to divorce in Cook County. These include division of property, child custody and support, and of course, maintenance.

Maintenance, also known as alimony or spousal support, may be ordered to be paid from one spouse to the other under certain circumstances as part of a couple's divorce settlement agreement. Such financial support is intended to cover necessities such as food, clothing, housing, and even education, as one spouse may not be able to support themselves once their spouse's financial contribution to the household is taken away. Many spouses need to return to school to gain the education necessary to obtain gainful employment.

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How a Judge Determines Need for Maintenance

If a judge sees the need for a spouse's financial support, he or she may order temporary, reviewable, or even permanent maintenance that may be paid in installments or a lump sum. Maintenance may also be paid in property. The fault of one spouse over the other in the failure of the marriage does not have any bearing on a court's decision to grant maintenance. Other factors are considered, however. These include, but are not limited to:

  • Each spouse's individual income and property;
  • The standard of living during the marriage;
  • The financial needs of each spouse;
  • The health and age of each spouse; and
  • Each spouse's future earning potential.

Once the issue of maintenance is taken to court, the final decision rests with the judge, who may order maintenance in whatever amount, if any, they deem appropriate. This is not necessarily in the best interests of both parties, however. In order to avoid an unfavorable decision regarding maintenance, it is advisable for a couple to come to a maintenance agreement privately.

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Representing Your Best Interests

At the experienced Illinois family law firm of Nottage and Ward, LLP, our Cook County divorce attorneys are committed to representing your needs, whether facilitating maintenance negotiations in a collaborative divorce or fighting for your interests in litigation. Spousal support is your right if it is necessary for your future health, well-being, and/or financial stability. We can make sure you obtain the financial support that is due. To learn more about your legal rights and options, call us for a consultation today at (312) 332-2915.

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Cook County Divorce Resource Center

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Avvo Top Contributor Divorce Law - Jeffrey Knipmeyer