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West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
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Can I Negotiate for Spousal Support During My Illinois Divorce?

Posted on in Divorce

Kane County divorce attorney spousal maintenance

The words “alimony” and “spousal support” may conjure visions of ugly court battles in which each spouse tries to get the better of the other, but in reality, this often does not have to be the case. If you and your spouse are willing to cooperate, it is possible to reach a mutual agreement on spousal support without requiring a trial at all. If you are concerned about your ability to support yourself financially after your divorce, it may be in your best interest to negotiate with your spouse to establish a maintenance arrangement that meets your needs.

Suggestions for Successful Spousal Maintenance Negotiations

As you prepare to approach a negotiation with your spouse on the subject of spousal support, here are some tips that may help you succeed:

  • Know your reasons: Your spouse may be more likely to listen if you are able to clearly express the reasons why you are seeking spousal support. If the decision is left up to the court, they will consider factors including your income, assets, employment history, education, earning potential, and financial needs in comparison with those of your spouse, and entering negotiations with these factors in mind can also help you strengthen your case with your spouse.

  • Consider the divorce agreement as a whole: It may help your negotiation to think of spousal support as just one element of your entire divorce agreement. If you are willing to compromise in other areas, like the division of marital assets and debts, your spouse may be more likely to agree to the maintenance payments you are requesting.

  • Aim for calm and rational communication: You may find yourself falling upon emotional appeals or even getting angry during negotiations with your spouse, but this can often be counterproductive. An approach that focuses on the facts is usually more likely to result in a successful, efficient resolution.

  • Hire a mediator: It can sometimes be difficult for you and your spouse to manage negotiations on your own, in which case a professionally trained mediator may be a useful resource. A neutral mediator can guide the conversation in a way that allows both parties to voice their perspectives and identifies opportunities for consensus.

If negotiations are successful, you can file your spousal support agreement with the court for approval, and your case may be resolved in a hearing as opposed to an extended trial, often allowing you to save time, money, and added stress.

Contact a Kane County Divorce Lawyer

Even if you hope to avoid going to court, an experienced divorce attorney can still be greatly beneficial. At the Law Offices of Benedict Schwarz, II PC, we can advise and represent you throughout negotiations to make sure your interests are protected, and we also offer mediation services if you and your spouse choose to pursue that alternative dispute resolution method. Call our accomplished Geneva divorce attorneys today at 847-428-7725 to schedule a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

https://www.familyeducation.com/life/alimony/alimony-getting-best-deal

 

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