Aurora Alimony Lawyer

Aurora Alimony Attorney

Alimony payments are often a source of trepidation for those who are separating from their spouse. Dealing with the uncertainties regarding financial insecurity can cause stress and anxiety. Therefore, an Aurora alimony lawyer can provide you with legal advice regarding how courts calculate alimony payments and determine the length of said payments that the paying party will be ordered to make alimony payments to the receiving party for a specific period of time.

About Us

Attorney David N. Schaffer has practiced law for more than 38 years. He comes from a family of MDs, and he learned early in life the value of helping others. Our firm takes a client-centered approach to family law cases, and we ensure every client receives legal representation that makes them feel heard and understood.

We understand how frustrating parties can feel when trying to determine how much their alimony payments will be after a divorce, or dissolution of marriage, is finalized. Whether you are the paying party or the receiving party, our team can assess the facts of your case and help you make sound decisions based on your legal rights and obligations associated with alimony.

Why Courts Order Alimony Payments in Aurora, Illinois

Courts order alimony payments to ensure that if one spouse is less financially secure than the other, they will not suffer economic deprivation after investing years in a marriage. All divorce cases are unique, and therefore, courts assess many separate factors when determining if one spouse should provide support to the other.

The following are some of the factors courts consider when weighing whether or not to order alimony:

• The total assets each party possesses after divorce
• Each party’s current income and/or earning potential
• The health and age of the parties
• The length of the marriage
• Personal and financial sacrifices one party made during the marriage

These elements are critical for any legal case involving alimony. Understanding how courts assess these factors can help you obtain a clearer understanding of your legal obligations if you are either required to pay or are receiving alimony payments in Illinois.

If alimony is ordered, there is a specific formula the courts will follow to establish a payment amount, described under Illinois Statutes Chapter § 5/504. This formula takes into account each spouse’s income and any other alimony or child support obligations the paying party may have.

Economic Equality, Alimony, and Family Law in Aurora

While many individuals believe that divorce, alimony, and family law are only about finances, this is a false assumption. Societal cohesion and individual health are connected to the decisions courts make regarding alimony payments.

One party with a significantly higher income may believe it is unjust to be ordered to pay alimony. However, a destitute party may have worked to help their partner obtain an education. If, after obtaining their degree, the parties divorce, then the spouse who supported the other may be unable to reclaim financial independence without alimony payments.

Hire an Alimony Lawyer in Aurora

If you want to know what to do about your alimony case, you should hire an alimony lawyer in Aurora. An attorney can explain your rights as a paying or receiving spouse and help you calculate the potential alimony payments the court may order based on your circumstances. It is often in a couple’s interests to decide on fair spousal support payments together so that the agreement is as amicable as possible. We can help you do this.

Family law matters in Aurora, Illinois, are overseen by the 16th Judicial Circuit Court at the main Kane County Judicial Center in St. Charles.

Illinois Alimony Statistics

The current divorce rate in Illinois is 1.3 per 1,000 residents. Illinois is among the states with the lowest divorce rates in the United States. Illinois is also a no-fault divorce state.

FAQs

Can Alimony Payments Be Modified Under Illinois Law?

Yes, alimony payments may be modified under Illinois law, particularly if the paying party suffers a decrease or loss of income or if the receiving party becomes self-sufficient. The party requesting modification must file a petition demonstrating a substantial change in circumstances.

Sometimes, a paying party may retire and petition the court for modification. The original divorce decree should contain language stating whether the terms are modifiable or non-modifiable.

How Long Can Alimony Last in Illinois?

In Illinois, the length of time that alimony can last depends on the facts of your case, especially how long you were married. For couples who were married at least 20 years, alimony can potentially last the same amount of time as their marriage or longer. A lawyer can help you estimate how long alimony may last in your case.

Does Cheating Affect Alimony in Illinois?

Cheating does not generally affect alimony in Illinois, as Illinois is a no-fault divorce state. However, if adultery caused the dissipation of marital assets, then the court may consider it as one factor when awarding spousal maintenance. Courts typically look for one party spending money on an affair, and then determine if this led to severe financial difficulties for the spouses during their marriage.

What Types of Alimony Are Awarded in Illinois?

The types of alimony awarded in Illinois include temporary alimony, fixed-term alimony, reviewable alimony, and indefinite alimony. A court may award temporary alimony while a divorce case is still in progress. It often takes weeks or months for the court to assess the relevant factors to make determinations regarding alimony payments. Therefore, a court may award reviewable alimony before a case concludes.

Contact Schaffer Family Law, Ltd. Today

Attorney David N. Schaffer has decades of experience assisting clients with legal issues related to alimony. His knowledge and skills enable him to work on a variety of family law matters throughout Illinois. Consulting with a lawyer will make you more aware of the legal options available to you regarding your alimony case.

If you need a family law attorney, contact us today to schedule a free consultation. Our team can review the facts of your case and examine any contingencies of which you may be unaware. The more you learn about laws related to alimony in Illinois, the more prepared you will be to make appropriate decisions for you and your family.