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.

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Trial Court Litigation

We help clients prioritize their goals, go over all the possible approaches available, and help clients assess which approach will both advance the case and motivate the other party to settle.

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.

Family Law, Matrimonial Law, and Divorce

The terms “Family Law,” “Matrimonial Law,” and “Divorce” are sometimes used interchangeably; however, they are different. Family Law is a broad category that is not necessarily dependent upon a marriage or civil unions.

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