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.
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.
References: Motion to Terminate the Support Order
Alimony Articles & Frequent Questions
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