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Will County divorce attorney spousal maintenance

When it comes to paying spousal support or maintenance (alimony), a common question is, “What happens if my ex remarries or starts living with someone else?” Do you still have to pay alimony in this situation? Under Illinois law, the remarriage of a former spouse receiving alimony automatically terminates the paying spouse’s obligations, unless the divorce settlement or judgment specifies otherwise. Even if the receiving spouse does not formally remarry, but instead starts “cohabitating” with another person, the paying spouse can still seek a court order terminating spousal maintenance. But keep in mind, unlike with remarriage, cohabitation does not automatically end alimony obligations.

Appellate Court Finds “Friends with Benefits” Relationship Not Enough to End Alimony

Indeed, just because you believe your ex is now involved in a “de facto” marriage with someone else, that may not be enough to convince a judge. Take this recent decision from the Illinois Fourth District Appellate Court, In re Marriage of Blue. This case involves a couple that divorced in 2015. A marital settlement agreement between the parties required the former husband to pay the former wife $1,200 per month in alimony. The agreement followed Illinois law and specified that spousal maintenance would terminate if the former wife “cohabited with another person on a resident, continuing, or conjugal basis.”

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That’s another very common question we get asked a lot, and it’s another one that can vary greatly from case to case. There are a lot of factors involved in the length of your case, but the primary factor relates to the level of agreement between the parties. If the parties are largely in agreement on most issues, then the case can be over quite quickly. In a situation where the parties have come to complete agreement, and they just need a lawyer to memorialize this in a settlement agreement and make sure the parties have addressed all issues required by statute, the case can be completed expediently, often times in 60-90 days.

On the flip side, if there are some issues that are outstanding, and that have to be brought before the court, the case can drag out for some time. This is because the court system is designed to be fair, not fast. With court filings everything has deadlines and time periods. Once a motion is filed on an issue, then the other side is given time to file a response, and then a hearing is set. The timeline for a single motion can easily be over a month or longer from initial filing to resolution. If parties find themselves in a position where they do not agree on much of anything, this can cause a divorce to go on for quite some time if numerous issues have to be brought to the judge for resolution.

Another thing that can come into play is the attorneys in the case. We take more of a cooperative approach and try to work things out outside of court and discuss things with opposing counsel, and attempt to drive matters to a reasonable conclusion. However, there are attorneys out there who feel the need to contest every issue and try to “win” on every minor detail, which can cause issues to need to be brought before the court that otherwise would not.

Under Illinois law college costs are addressed under Section 513 of the statute. That Section states that the court will look at the situation, the parties, each party’s respective income and their ability to pay. So if one party’s income is drastically higher than the others, they’ll likely have to pay a higher amount of the college costs.

The court will also look at the child’s ability to pay. It’s not uncommon for a court to essentially look at the parties and say one third, one third, one third, but if there are savings accounts that can be used first that were set up and designated for the child for college, all that will be taken into account. But, typically college expenses are not designated at the time of the divorce because it’s an issue that’s in the future and the statute recognizes that and anticipates that the parties’ situation at the time when college education costs become reality is the appropriate time to examine the parties’ abilities to pay.

The cost of divorce is one of most common questions we get asked, and unfortunately there is no simple answer to it.Costs of Divorce The cost can vary greatly depending on the initial level of agreement between the parties when they first start the divorce process, and it can vary greatly based on the amount of property and the nature of the assets to be divided. If the parties are in relative agreement on a lot of issues, the cost will be lower. If they have many issues to that are in conflict, such as kids, or a business, then the costs are going to be driven up just by the nature of the number of issues that have to be settled.

As for who pays for the divorce- generally people are responsible for their own attorney’s fees, but practically, it is all coming out of marital funds. Generally the court will order one person to pay another person’s attorney’s fees is when that party controls almost all the assets in the marriage. A typical example of that would be if one party did all the finances for the family, they paid all the bills, they had access to everything, and they maintain this control when the divorce begins. At that point it would be proper to petition the court to have the other party pay the attorney’s fees for the party who does not have access to the funds.

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When faced with a divorce, you will encounter a variety of complicated legal issues: Who will keep the house? Where will our children live? How will we divide our credit card debt? With all the uncertainty in the divorce process it puts extra strain on your emotions. However, it is important to stay engaged and keep your focus on important details. List below are 10 tips to help you survive and thrive through the divorce process.

Compile Information

It is important to gather as much information as possible about what your spouse is doing. It is often common for one spouse to know very little about what the other has in regard to income, expenses, investments and retirement assets.

Make Copies of Everything

Once a divorce is under way; it is very common for documents to disappear. Formal discovery and subpoenaing bank records can be very costly, and you can save yourself a lot of time and money by making copies of everything you can get your hands on early.

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