630-584-5550
What Kinds of Financial Support Can I Receive in My Divorce?
Going from a shared household income to a single income in a divorce can be a hard adjustment. You may struggle to keep up with bills and regular payments that you would have relied on your spouse to help cover. However, you may have some avenues for recourse. A Kane County, IL divorce lawyer can advocate for a divorce settlement that protects your best interests.
At Shaw Sanders, P.C., we understand that your divorce may come with financial hardship. Attorney Matt Shaw is skilled in both mediation and litigation, and he can pursue the most cost-efficient resolution on your behalf. Whether you expect to go to trial or not, our firm will fight for your needs.
How Much Will I Receive in Marital Assets?
Every divorce presents differently, and different factors can affect how your property will be split up. If you signed a prenuptial or postnuptial agreement, that will likely be enforced and is a good starting point for negotiations. Spouses are encouraged to negotiate their own financial settlements, and judges will typically ask spouses to attend mediation to resolve their differences. When this is not possible or not practical, the case can proceed to litigation, though this is increasingly unusual.
In litigation, the courts will decide how marital property is divided, using a legal standard known as equitable distribution per the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). Under this standard, marital property is divided fairly between spouses, factoring in the length of the marriage, contributions to the marriage, the health of both parties, and many other considerations. If you agree to settle outside of court, you and your spouse will have more control over how assets are split up.
No matter how you choose to handle property division, our firm is here to work toward the best possible outcome. We will negotiate to help you protect your most valuable assets while also looking for ways to reduce legal fees.
Am I Entitled to Alimony in My Divorce?
Strictly speaking, nobody is guaranteed alimony in a divorce. Unless it is specifically included in a marital agreement, you will have to submit a petition for it. The exact duration and amount of alimony you can receive will depend on your situation. When appropriate, the courts award alimony that lasts for a specified fraction of the marriage’s duration. You might also be able to secure temporary alimony that lasts during the divorce proceedings.
Alimony can provide you with the means to find your footing after a divorce. We can work with your spouse directly to reach an agreement for alimony, or ask the courts for an alimony award. We will base our argument on your financial needs, factoring in your age, health, and employability.
Will I Get Child Support After the Divorce?
If you are responsible for taking care of your child for most of the year, it is likely that your co-parent will have to pay child support. This is meant to help cover necessities like housing, childcare, educational materials, and more. The amount you receive in child support will depend on the child’s needs, the allocation of parenting time, and both parents’ income.
Our firm can also help you enforce a child support order if your co-parent will not pay. By petitioning the court, you may be able to have your co-parent’s wages garnished or have his or her driver’s license revoked, among other enforcement actions.
Contact a St. Charles, IL Family Law Attorney
With more than 30 years of combined experience, our Kane County, IL divorce lawyers have the skills and legal knowledge to protect your financial interests. To schedule a free consultation with Shaw Sanders, P.C., call our offices at 630-584-5550 today.
630-584-5550