Negotiating a Spousal Maintenance Agreement

 Posted on February 23, 2018 in Spousal Maintenance

The decision to get a divorce is among the hardest you will ever have to make. The process of divorce will likely present a large number of considerations for you to address. You and your spouse will need to decide who will get what assets, how you will parent your children after the divorce, and how to create new lives for yourselves. In many divorce cases, maintenance—also called spousal support or alimony—can be especially difficult to determine. It is impossible to place a value on your marriage, but the reality is that if one of you will struggle to make ends meet while the other is financially stable, maintenance may be necessary. If necessary, the court can make decisions about spousal support, but you and your spouse can also develop your own agreement that meets your needs while avoiding contentious courtroom proceedings.

Commitment to Cooperation

Anyone who says that divorce is easy is either lying or trying to sell you something. Divorce is almost always challenging, but more couples than ever before are approaching the process with a spirit of cooperation. In cases such as these, the spouses may have realized that their lives are better apart, but they still love and care for their partners and do not have any desire to create unneeded problems. If this describes your situation, you will probably be able to come to an agreement on maintenance quickly, efficiently, and without added stress.

Negotiating a spousal support agreement requires each of you to be honest and forthcoming about your financial situations. This will allow you to have a clear understanding of the available resources and your respective needs. During your discussions, you may determine that maintenance really is not necessary or that it will be needed for just a short period of time. Of course, you may also realize that one of you will require support payments on an ongoing basis. If you decide that maintenance is necessary, make sure that your agreement includes provision for reviewing and amending your arrangements as your lives change over time.

Legal Review

A negotiated agreement must be submitted to the court for approval before it can become part of your divorce judgment. The law in Illinois requires such agreements to be reasonable for both parties. At the very least, the court must be certain that both of you fully understand what your agreement includes and the possible implications of its enforcement.

It is a good idea to have your proposed agreement reviewed by a qualified divorce attorney before you submit it to the court. A lawyer will identify any potential problems or areas of concern, saving you the hassle and expense of having the agreement rejected by the court.

Call Us Today

If you have decided to pursue a divorce and are interested in keeping the proceedings simple and amicable, an experienced DuPage County divorce lawyer can help you do so. We will evaluate your circumstances and help you find the best path for reaching your goals. Call Pesce Law Group, P.C. at 630-352-2240 for a confidential consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000