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Spousal maintenance (often called alimony) is one of the most contentious aspects of an Illinois divorce. At O’Flaherty Law, we take the time to understand your financial situation, future goals and what factors may influence a maintenance award. Whether you are asking for, challenging, or modifying maintenance after a divorce, our attorneys offer practical strategies and straightforward guidance to help you through the process.
In Illinois, spousal maintenance is not awarded in every divorce case. First, judges decide whether maintenance is appropriate by taking into account variables such as the income and earning capacity of each spouse, their financial needs, the length of the marriage, and contributions during the marriage. Maintenance is often determined by a formula prescribed by Illinois law when statutory guidelines are involved, but courts may deviate from the guidelines in some cases where fairness calls for it.
Whether negotiating a settlement or preparing for a lawsuit, O’Flaherty Law in Elgin is dedicated to helping you make informed decisions throughout the process. We help clients with temporary support during divorce proceedings, post-divorce modifications when circumstances change, initial support determinations, and enforcement of current court orders. “We want to get results that provide financial stability and avoid unnecessary conflict as much as possible.
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The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
Schedule a ConsultationLearn More About The FirmI am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

Yes. In many cases, a maintenance order may be modified if there has been a substantial change in circumstances, such as a significant increase or decrease in income, retirement, disability, or other material financial changes. The court will review the facts before deciding whether a modification is appropriate.
In most cases, maintenance ends if the recipient remarries. It may also terminate if the recipient enters a continuing, marriage-like cohabiting relationship. However, every maintenance order should be reviewed carefully because the specific terms of the judgment control how and when maintenance ends.
Yes. Many divorcing couples negotiate maintenance as part of a broader marital settlement agreement. As long as the agreement is fair and approved by the court, spouses have flexibility to determine the amount, duration, or even waive maintenance entirely depending on their circumstances.