Spousal maintenance, also known as spousal support or alimony, is not awarded in every divorce case. However, there are numerous divorces in the Oakbrook Terrace area in which one of the spouses will be awarded spousal maintenance. We often work with clients in the DuPage County Muslim community who have questions about spousal support and how it works. The following are five things to know about spousal maintenance in DuPage County. If you have additional questions or concerns, an experienced Oakbrook Terrace divorce lawyer at Farooqi & Husain Law Office can assist you.
1. The Spouse Who Wants Maintenance Must Request It
In a divorce case, courts do not automatically consider whether one spouse should be receiving maintenance and whether the other spouse should be responsible for paying it. Rather, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the spouse who wants to obtain spousal maintenance must first request it. To ensure that the court considers awarding spousal maintenance, the party seeking it should work with an experienced DuPage County divorce lawyer.
2. Court Decides Whether Maintenance Is Appropriate Before Considering Amount or Duration
When one of the spouses in a divorce case seeks spousal maintenance, the court goes through a series of steps in the process of awarding maintenance or support. The IMDMA requires that the court first consider whether maintenance is even appropriate before it makes any considerations about the amount and duration of the award. The IMDMA outlines a wide variety of factors that the court may consider in deciding whether support is appropriate in a particular divorce case....