Maintenance / Alimony

We guide our clients through the process of going over their historical financial information and anticipating the course of a deposition, trial or settlement.

Maintenance/Spousal Support

Maintenance, or spousal support, is a payment that one spouse can be ordered to make to the other spouse in order to provide support to a spouse who is not capable of supporting him or herself in the marital lifestyle after the marriage ends. Although the Illinois statute on maintenance discusses a spouse being entitled to be supported in the lifestyle to which he or she became accustomed during the marriage, Schiller DuCanto & Fleck’s divorce attorneys in Chicago, Lake Forest and Wheaton are mindful that two households cannot be maintained as inexpensively as one and that not every family can enjoy that lifestyle while continuing to provide it for their children. There are many criteria used by courts to determine the amount and duration of maintenance payments, and there is no formula provided to Illinois courts to calculate maintenance. Since most decisions made by trial courts about spousal support never reach the published decisions that lawyers look to for guidance, the collective experience of the firm’s lawyers is a unique resource available to develop strategy for spousal support cases for the firm’s clients.

The Chicago area firm’s family lawyers know what it takes to develop a lifestyle analysis and to analyze income, cash flow, and tax consequences in order to present effectively the facts necessary for an optimum spousal support result either by means of a trial or through settlement negotiations. An Illinois divorce lawyer guides clients through the process of going over their historical financial information and anticipating areas about which the client will be questioned so that clients are prepared for questions at a deposition, at trial, or during settlement negotiations.

News and Insights

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Premarital and Postnuptial Agreements

A Premarital Agreement, also commonly referred to as a Prenuptial or Antenuptial Agreement, is a legally binding contract, entered into by parties before their marriage, that defines what will happen when the marriage ends, either by dissolution or the death of one of the parties.

Retirement Plans and Benefits

Many parties who contemplate divorce are surprised to learn that their retirement benefits comprise a large share of the couple’s joint assets. Nevertheless, retirement benefits have become among the largest assets to be addressed during the divorce process.

Parentage / Paternity Cases

Having children outside of marriage has become an accepted alternative in today’s society. Indeed, more than half of births to American women under age thirty occur outside of marriage.

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