How to Modify or Terminate Spousal Support in Illinois

 Posted on January 21, 2021 in Spousal Maintenance

Alimony and other terms for the same concept, including spousal support and spousal maintenance, may commonly come to mind when you think about divorce, but the reality is that these payments are becoming less and less common. In Illinois, spousal support is usually only ordered when there is a significant imbalance between the two party’s incomes and assets and one of the parties needs it to remain financially stable and maintain their accustomed standard of living.

Even then, maintenance generally does not last forever but is instead ordered for a specific duration based on the length of the marriage, with the idea often being that the receiving spouse will use that time to attempt to become financially independent. Additionally, as the paying spouse, you may be able to petition for the modification or early termination of spousal support payments under certain circumstances.

Grounds for Updating a Spousal Support Order

In order to reduce or eliminate your spousal support payment obligation, you will usually need to demonstrate to the court that one of the following has occurred:

• A substantial change in circumstances: In most cases, this means a change in the financial situation of either the paying or receiving spouse. For example, if you have involuntarily lost your job, or an injury or disability has left you with a reduced earning capacity, you may have grounds to reduce your payment obligation. Similarly, if your former spouse has experienced an increase in income that allows them to better support themself, the full amount of the original court-ordered spousal support may no longer be necessary.
• Your former spouse’s remarriage or cohabitation with a new partner: If you have been made aware that your former spouse is living with a romantic partner or has gotten legally married, you are no longer obligated to pay spousal support, and you can notify the court to officially terminate the order. Any payments you make after the start date of the marriage or cohabitation can be reimbursed.
• Your former spouse’s death: This unfortunate situation can raise questions about continuing spousal support obligations, but you should know that you are not required to keep making payments to your former spouse’s estate or their legal heirs and beneficiaries

Contact a DuPage County Spousal Support Attorney

If you have questions regarding a possible change to your spousal maintenance obligations, an experienced Wheaton divorce lawyer from the Davi Law Group can help you understand the situation and take the required steps to have the order modified or terminated. For a free consultation on your case, contact us today at 630-657-5052.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm