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.
Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.
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.
Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.
Frequently Asked Questions
Does the standard Illinois maintenance formula apply in a high-asset divorce?
Only if combined gross income is below $500,000. Above that threshold, the formula does not automatically apply and courts use discretion based on the statutory factors in 750 ILCS 5/504(a). The formula result may still be referenced as a benchmark, but the judge is not bound by it.
How does a judge decide maintenance when the formula does not apply?
Courts weigh the 750 ILCS 5/504(a) factors: income and property of each party, needs, earning capacity, impairment from domestic duties, marital standard of living, marriage duration, age and health, tax consequences, and contributions to the other spouse's career. The analysis is fact-specific and the outcome depends heavily on the evidence each side presents.
Can maintenance be permanent in a high-asset Illinois divorce?
Yes. For marriages of 20 years or more, courts may award indefinite maintenance with no termination date. Courts can also award indefinite maintenance in shorter marriages when age, health, or career impairment makes self-sufficiency unrealistic. Indefinite does not mean unmodifiable. It remains subject to modification on a substantial change in circumstances.
Does a prenuptial agreement affect maintenance in a high-asset case?
Yes, if it is enforceable. Illinois courts enforce prenuptial agreements that were signed voluntarily, with full financial disclosure, and without unconscionable terms at the time of signing. If a prenup limits or waives maintenance, the analysis shifts to whether the agreement holds. Challenging or defending a prenuptial agreement is often the central issue in high-asset maintenance disputes.
How does the Tax Cuts and Jobs Act affect high-asset maintenance?
For divorces finalized after December 31, 2018, maintenance is no longer deductible by the payor or taxable to the recipient under federal law. This changed the after-tax economics significantly. A dollar of maintenance now costs the payor more and is worth more to the recipient than under the old rules. High-asset negotiations need to account for this in structuring any maintenance award or buyout.
Can income from business interests be considered for maintenance?
Yes. Gross income under 750 ILCS 5/504(b-3) means all income from all sources. Business distributions, retained earnings available for distribution, investment returns, and income from assets awarded in the divorce all count. If a spouse receives significant income-producing assets in the property division, that income affects both sides of the maintenance analysis.
What is the relationship between property division and maintenance in a high-asset case?
They are directly connected. The income produced by assets awarded in the divorce affects whether maintenance is appropriate and how much. A large property award can reduce or eliminate a maintenance obligation if the assets generate enough income to meet the recipient's needs. Courts consider all financial obligations imposed by the dissolution when evaluating the maintenance request.