Modify Spousal Support Orders in Illinois

When circumstances change significantly modifications can be made to spousal support.

In Illinois, an alimony order might be reviewed periodically, but what if something major happens to you or your ex-spouse like the loss of a job or an increase in the cost of living? Luckily, if there is a substantial change in circumstances on either party's side you don't have to wait. Both the payer and the payee are entitled to request a change in the order to match their new circumstances.

This is especially true if an ex-spouse receiving support moves in with an intimate partner or gets remarried, which would negate the need for continued support payments.

Once the facts, such as both partner's employment status, bank balances, and living arrangements are confirmed, the court will hear the case.

It's worth noting that in some cases, even when a spouse's income has changed significantly, it may not be sufficient reason to modify the amounts being paid each month. For instance, in a case where the person paying support pays 10% of their income to the other spouse, a change to the payer's income won't necessarily compel the court to change the percentage owed.

However, whatever the situation is that leads you to modify your payments, hiring an attorney is a surefire way to make sure you know your rights and that all the factors are taken into an account by a judge.

Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.

Frequently Asked Questions

Can you modify spousal support?

Spousal support can be modified in Illinois. This can be done if financial situations change for either party. Modifications to spousal support are not as common as modifications of child support. If a party refuses to pay the ordered spousal support, you can also file for spousal support enforcement.

What can change alimony?

Alimony can change for a variety of reasons:

  • Good faith changes to income or employment
  • Important asset acquisitions
  • The number of payments remaining relative to the length of the marriage
  • Any efforts the receiving party made to increase their earning potential
  • The receiving party cohabitating within a new relationship

Is maintenance modifiable in Illinois?

Non-modifiable maintenance is rare in Illinois because the courts cannot order it. Non-modifiable maintenance only occurs when both parties agree to it and want the court to sign off on it.

Can alimony be increased after divorce in Illinois?

Alimony can be increased after a divorce in Illinois. For example, if the paying party starts making double what they were at the end of the marriage, alimony will likely increase.

References: Request a Change