Spousal maintenance, commonly known as alimony, is money that one spouse is ordered to pay the other during or after a divorce. Maintenance is not automatic. Courts decide whether a spouse will pay it to the other, and how much it will be, based on several factors detailed below.
Do you have questions about spousal maintenance? Our dedicated Illinois family law attorneys regularly handle spousal maintenance matters and always seek the most equitable and workable solutions. We can answer all of your spousal maintenance questions during a free consultation.
How Is Spousal Maintenance Determined?
Illinois courts consider whether one…
Continue Reading What to Know About Spousal Maintenance in an Illinois Divorce 

There are many good reasons to have a prenuptial or postnuptial agreement. Even though such an agreement is often portrayed as being “unromantic,” far from implying that the marriage is doomed, it is actually a smart financial move. Couples that are marrying for a second or third time may need a prenuptial agreement even more because they may each have children from prior marriages, making financial issues more complex.
Far from being only useful for the super-rich, a well-written prenuptial agreement can offer clarity in a relationship while facilitating communication regarding financial expectations. In the state of Illinois, specific criteria…
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If you are in the middle of a divorce that includes the allocation of parental responsibilities, and you have a domestic violence conviction on your record, you may wonder whether that will be a factor in parenting time decisions. You may be on the other side, with a spouse who has a domestic violence conviction, wondering whether the court will really give him or her parenting time.  
A conviction for domestic violence will have at least some impact – and maybe considerable impact – on the decisions made by a judge regarding parental responsibilities and parenting time. The…
Continue Reading The Impact of Domestic Violence Convictions on Custody

Although divorce is rarely easy or simple, some divorces are much more difficult than others. When one spouse has a high-conflict personality – like narcissism – the divorce can become exponentially more difficult for the other spouse, the children, and even the divorce attorneys. While one spouse’s narcissistic behaviors are likely to be at least one component of the decision to divorce, the narcissistic spouse can make divorce just as contentious as marriage.
Narcissists have an overwhelming desire to “win,” so they are unlikely to follow any divorce path that requires compromise and often do their best to drag the…
Continue Reading How Do I Deal with My Narcissist Spouse During My Divorce?

Virtually no ex-spouse wants to pay spousal maintenance (also known as spousal support or alimony), yet there are many spouses who deserve this support. Perhaps one spouse worked two low-paying jobs to put the other spouse through medical school, law school, or another profession. Or perhaps one spouse stayed home to raise the children in lieu of career opportunities, so now has few employment options.
In other cases, one spouse may be older now or in poor health, unable to work and make a living independently. There are many good reasons for a court to award spousal support, yet…
Continue Reading Are There Time or Amount Limits to Illinois Spousal Support?

Divorce can be difficult under any circumstances, but when domestic violence is involved, it is easy to feel overwhelmed. There are some steps you can take during your divorce to protect yourself and your children from a domestic abuser. That being said, if you or your children are in immediate danger, your first priority should always be to find a safe place. Perhaps that is with a trusted friend or relative or a local shelter. If the situation escalates, call 911 if you can do so safely. As soon as you are able, contact an experienced Wheaton, IL family law…
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The not knowing part of how a child custody case will resolve in family court makes it particularly stressful. In the state of Illinois, child custody is called the allocation of parental responsibilities, and visitation is called parenting time. Every single case that has to do with parents and children is different, but the bottom line remains the same – if you and your spouse are unable to determine how to share parenting responsibilities and parenting time, the court will do it for you.
The court will decide whether one or both parents will make major decisions regarding…
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As of 2018, about one in four couples with one or more children were unmarried. There is simply less societal pressure for younger people to marry than there once was. Yet unmarried couples are still having children, which begs the question of whether unmarried parents have the same rights and responsibilities as married parents – or married parents going through a divorce.
When parents are unmarried, there may be questions and issues surrounding paternity, as well as questions regarding the allocation of parental responsibilities (custody), parenting time, and child support. Illinois automatically recognizes paternity if the mother and father…
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You may see your parenting plan as a general guideline rather than a legally binding contract with your ex-spouse. This belief can land you in trouble with your ex and with the court – which is never where you want to be. Consistently following your parenting plan not only provides your child with stability but also minimizes conflict between parents, setting the stage for a peaceful co-parenting arrangement.
Perhaps your ex is a “by the book” individual, while you believe that the rules of life – and your parenting plan – can be bent when necessary. These two disparate views…
Continue Reading The Hidden Risks of Ignoring a Parenting Plan

Suppose you are in the middle of a divorce from your spouse – an already stressful situation – and you lose your job. Suddenly, your stressful situation just became more complex and anxiety-inducing. You will certainly wonder how the loss of your job will affect the issues being decided during your divorce, including marital asset division, spousal maintenance, and the allocation of parental responsibilities.
You will need to immediately inform your divorce attorney and your spouse about the loss of your job. The circumstances around the loss of your job will have an impact on how it affects your…
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If you have made it through your divorce to the final divorce decree and settlement orders, you may be feeling relief that the ordeal is over and a new chapter in your life can begin. Divorce agreements are meant to provide clear rules for spousal support, the division of assets and debts, and the allocation of parental responsibilities and parenting time.
A parenting plan that is even more detailed is also included. You assume everything from here on out will be smooth sailing, only to find out it is nothing of the sort. What happens when one spouse refuses to…
Continue Reading How Are Divorce Orders Enforced in Illinois?

Sometimes, a parent may be so focused on what he or she believes is best for a child during the allocation of parental responsibilities that it is difficult to understand a judge making an entirely different decision, calling it “in the best interests of the child.” While custody issues are certainly emotionally charged for all those involved, family court judges must make difficult decisions regarding what is truly best for the child.
Each parent may be basing his or her wishes about child custody on the marriage itself rather than what kind of parent the other spouse really is. In…
Continue Reading A Child’s Best Interests vs. the Parents’ Wishes

When a child resists or refuses contact with a parent following a divorce, the cause could be difficult to determine. If the child is refusing contact because of parental alienation, this is a very serious issue that can potentially result in a change to custody (the allocation of parental responsibilities). This is because an alienating parent is perpetrating a type of psychological abuse on the child when deliberately convincing the child that his or her other parent is “bad” or is wholly responsible for the divorce.
If parental alienation is not the reason the child is resisting or refusing…
Continue Reading Options When a Child Resists/Refuses Contact with a Parent