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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Marital Settlement Agreements and Separation Agreements

Marital Settlement Agreements are agreements incident to a dissolution of marriage. A Separation Agreement is an agreement between parties who remain married but are no longer living together who want to define their legal obligations and responsibilities to each other.

LGBTQ Representation

Marriages: Thanks to the historic United States Supreme Court decision in Obergefell v. Hodges decided in 2015 marriage is no longer limited to heterosexuals. This expands the same rights and responsibilities to the LGBTQ community concerning marriage and divorce as those of heterosexual marriage.

Collaborative Divorce

Can serious marital conflict be resolved without the time and expense of litigation? Yes—divorce need not be a battleground. The end of a marriage or resolution of family conflict is painful enough. 

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