What Will the Court Consider for an Order of Maintenance?

 Posted on May 06, 2025 in Divorce / Family Law

A divorce can be full of uncertainties, especially when it comes to your financial situation. If you fear that you will be left destitute after your divorce, you can request spousal maintenance, also known as alimony. There are several factors that the court may consider when deciding whether to award alimony. An Illinois divorce attorney can advocate for spousal maintenance on your behalf in court.

At Loire Krajniak Law, LLC, we are ready to stand up for your best interests in your divorce. Since our firm was established, we have handled numerous divorces, so you can rest assured that we are qualified to take on your case.

How Does Property Division Impact Alimony?

The division of marital assets in your divorce could affect your eligibility for alimony.  This means that if you received a significant portion of the marital estate – which may consist of your home, vehicles, and other property – the judge could consider that when deciding whether you need spousal maintenance.

Keep in mind that this is just one of several factors that may influence an award of support. The role of the courts is to determine whether or not alimony is both necessary and appropriate. At Loire Krajniak Law, LLC, we can represent you in property division concerns as well as alimony disputes as we negotiate for an optimal outcome.

How Do Marital Contributions Factor Into Spousal Support Decisions?

Spousal maintenance is not solely based on need – the courts will also consider your contributions to the marriage. Specifically, a judge will look at whether you supported your spouse’s education or career throughout your marriage. "Contributions" can mean anything from shared income to labor around the house. For instance, if you took it upon yourself to act as a stay-at-home parent, that could be viewed as supporting your spouse’s career potential.

Also, note that spousal maintenance is awarded "without regard to marital misconduct," so something like infidelity will not be held against you in court. Our family law attorney can help you document your contributions to the marriage and make a case for a fair and equitable ruling.

Your Financial Circumstances Affect Spousal Maintenance

When deciding if alimony is appropriate, the courts will look at your individual financial situation. The standard of living established during the marriage is especially important, as a judge may compare that to the life you would lead after your divorce.

Your ability to take home a reasonable income and support yourself may be a significant consideration in an award of spousal support. The courts may take into account the time it will take for you to become self-supporting, as well as any impairments to your future earning potential. At Loire Krajniak Law, LLC, we will advocate for your needs, bringing your earning potential to the court’s attention.

Meet With a Kendall County, IL Spousal Support Attorney

At Loire Krajniak Law, LLC, we are very familiar with the stress that can accompany a divorce. When you work with our firm, we will do everything we can to protect your rights in a dispute over alimony. To schedule a free consultation with our Oswego, IL alimony lawyer today, call our offices at 630-448-2406.