Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney

What You Should Know About Spousal Maintenance and Divorce

February 25, 2021
Posted By: Robert M. Kaplan, Esq.
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It’s an unfortunate fact: Divorce rates are fairly high in this country. So if you find yourself facing a marriage dissolution, you may find that you need to contact a divorce lawyer in Schaumburg, IL. When it comes to handling matters of divorce, you can count on the Law Offices of Robert M. Kaplan to bring experience to the table to protect your interests.

Let’s take a closer look at what you should know about utilizing a divorce lawyer and receiving spousal maintenance in Schaumburg, IL:

Types of Divorce

There are two main types of divorce: contested and uncontested. A contested divorce, where the parties disagree on at least one major aspect of the divorce, is far more common. 

Uncontested divorce: When you and your spouse agree on the division of property, child custody, child support, and spousal maintenance ahead of time, you can save money in legal fees—and you can save precious time. We are here to help ensure the paperwork process goes smoothly and that everything is filed to make sure your uncontested divorce is legal.  

Contested divorce: This occurs when both parties in the marriage cannot agree on all aspects of ending the marriage. Mr. Robert Kaplan has experience dealing with even the most complicated divorce cases, so you can rest assured that he will work on your behalf to help resolve issues promptly and to work toward the best possible solution.

Other Matters of Divorce

The questions about the details of your divorce go beyond just dividing up your assets. You will also need to figure out the specifics surrounding spousal and child support. Our Schaumburg divorce attorney can help you work toward a reasonable solution so the process of your divorce can move along. Whether you are dealing with maintenance, child support, or both, we can help you wade through the legal requirements of both to ensure that you can plan for the future.

The Different Types of Spousal Maintenance

If you and your spouse had different income levels before your divorce, or if one spouse stays home full-time, then one of you will likely pay spousal maintenance once you become divorced. Spousal maintenance refers to the financial support one spouse gives to another to help them maintain their lifestyle during the marriage. 

One type of spousal maintenance is permanent maintenance and is paid from one spouse to the other until the death of the one paying or the remarriage of the one receiving the money. For instance, if the marriage lasted for many years or if the spouse has a disability that prevents them from working, this permanent spousal maintenance could be awarded.

Temporary maintenance is for a specific period of time, determined upon the divorce. For instance, if one spouse needs help recovering financially after the divorce, the court might order the other spouse to pay temporary maintenance until it is assumed the other spouse can get on their feet.

If one spouse needs help with job training or school expenses to get a job after the divorce, rehabilitative maintenance might be awarded. This is common in situations where one spouse gave up a career or didn’t finish school to stay home with the children. The ultimate goal is for the recipient spouse to become financially independent.

How Courts Determine Spousal Maintenance

Every state has its own laws dictating spousal support. The exact amount owed in each situation depends on the incomes of both parties and the judge hearing the case. 

In addition, the court usually takes the following factors into account when determining spousal maintenance:

  • The length of the marriage
  • The age and physical and mental well-being of the spouses
  • Custodial parent issues and whether these will impact the amount of money a parent can make
  • The contribution of one spouse who may have stayed home as a homemaker

Meet With a Divorce Lawyer in Schaumburg Today

As you can see, divorce law cases can quickly become nuanced and complex. Every situation is different, and it’s normal to have many questions about your dissolution of marriage and what life will look like after your divorce. 

You will feel much more confident throughout your divorce proceedings when you have the help of a trusted family law attorney. If you’d like to schedule a free initial consultation with Mr. Robert M. Kaplan, please call us today at (847) 845-9477

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