Terminate Illinois Alimony Orders
As life goes on, our circumstances change, so an arrangement made two or three years ago might not be relevant to you now. This is especially true of a spousal support (alimony) order. While sometimes it is the best decision to modify an existing spousal support order (alimony), other times it is necessary to seek to terminate it all together.
When paying spousal support, financial assistance from one party to another in a divorce, the ultimate goal is to help the lesser-earning spouse achieve financial independence. Therefore, when the support is no longer needed it logically should be stopped and a motion to terminate the support order should be filed.
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Terminate Spousal Support During Remarriage
In Illinois, if an ex-spouse remarries the payer is no longer obligated to continue paying support. This termination of payment happens from the time of a marriage ceremony, even if the couple isn't legally married at that time. To start this process, a motion to modify support and petitioning the court to terminate the support order must be made.
Terminate Spousal Support if Ex-Spouse Moves in with Significant Other
This one is a little bit tricky legally. If an ex-spouse enters into a de-facto husband-and-wife relationship, albeit not legally, with another adult by moving in with them then there are grounds for terminating continued payments. However, that relationship has nothing to do with sexual relations or feelings. Instead, the court wants to see that the two are taking significant steps towards building a life together.
Terminate Spousal Support During Significant Financial Changes
The main reason to pay support is to help your ex-spouse get on their feet financially. However, if your ex-spouse is suddenly employed, or is taking no steps to change their situation you may have grounds to stop the payments. For example, if the receiving spouse became suddenly and unexpectedly employed, and is now making the same or more than you, the court may find the continued help your spousal support gives unnecessary. As with the other changes mentioned above, this would be accomplished by filing a motion to modify support with the court.
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Frequently Asked Questions
How to stop alimony payments in Illinois?
To stop paying alimony, you will need to file a motion to terminate support. You need to file a motion whether time is up on the alimony payments or you want to end it for a different reason.
Other reasons alimony can end are if the party receiving the money gets remarried or if either party passes away.
How long does alimony last in Illinois?
The length of alimony differs depending on the specifics of your case. In general, the longer you were married the longer alimony payments last. If the marriage was 20 years or more, alimony payments can last indefinitely.
When can spousal maintenance end?
Spousal maintenance can end when the court said it would end or it can be cut off early for a couple reasons. Spousal maintenance can end early if the receiving party gets remarried or if your financial situation significantly changes.
If your financial situation changes, the court is more likely to modify your orders rather than terminate them.
Is alimony permanent in Illinois?
Alimony can sometimes be permanent in Illinois. This doesn’t happen often, but it can happen for long-term marriages. In marriages that lasted 20 years or more, alimony can be ordered to be paid for as long as the marriage lasted or indefinitely.
Can you waive spousal support in Illinois?
The person who is ordered to receive spousal support can choose to waive it. If you choose to waive it at the time of your divorce, you cannot change your mind and ask for it later. It can only be ordered as a part of the marital settlement agreement.
How do I cancel my maintenance in Illinois?
To cancel your maintenance in Illinois, you have to file a motion to terminate support. Once this is filed, the court sets a court date to look at your case. If your situation meets the requirements to end spousal support, it can end.