There are two main financial issues in a divorce case: dividing property and spousal support, which is also known as maintenance or alimony. When dividing property or determining whether and how much spousal support should be awarded, judges have to weight a variety of statutory factors. Not every statutory factor applies in every case, and some are more important than others. It is important to note that Illinois does not presume an equal division of property; instead, Illinois requires equitable distribution which may be an unequal distribution.
Judges also have to consider whether or not spousal support (a/k/a maintenance or alimony) is appropriate. Again, in making that decision, the judge has to weigh a variety of statutory factors. It is important to note that one of the statutory factors in awarding maintenance is the impact of the property distribution. In other words, there's a preference for addressing inequality between the parties through property distribution rather than spousal support.
In both property division and maintenance, one of the most important considerations for the court is each party's current and future earning ability, and the impact of the marriage on that earning ability. Income isn't everything, however, and a skilled attorney can assist in presenting your case to the judge in a way that makes an outcome in your favor more likely.
All litigation is expensive, in both monetary and nonmonetary costs. In many cases, you will have to weigh the monetary value of the potential gains from litigation against the financial and emotional stress that litigation places upon you. We will give you our best assessment of what a court might do if you litigate your case. It's up to you to decide how to proceed from there.
The hard part is that the emotional upheaval of a divorce can make it difficult to objectively assess whether or not litigation makes sense. Here's where your choice of attorney pays off: do you want the lawyer who's going to ask whether you want to fight for the hand tools or kitchen supplies, or do you want the lawyer who asks you whether it's worth the cost of litigating for those items or if you'd rather save the money and stress and go buy yourself replacements? Contact us online or by calling 217-641-2807.