Alimony, also called spousal maintenance in Illinois, helps one spouse financially after a divorce. It involves regular payments designed to assist the receiving spouse so that they do not face financial hardship post-divorce.
In Illinois, alimony is not always permanent. If circumstances change, the court may modify or even terminate payments. Understanding when and how modifications can occur is essential for both paying and receiving spouses. Below are some important points to consider.
When can alimony be changed?
Illinois law allows alimony modifications when there is a significant change in circumstances for either former spouse. These include:
- A change in income
- The paying spouse retiring
- A serious illness or disability affecting financial stability
Modifications are not automatic. The spouse seeking the change must file a petition and show evidence of the substantial change. The court will review financial records and other factors before making a final decision.
Can alimony be terminated?
Alimony can be terminated in some cases. In Illinois, alimony automatically ends if the recipient remarries or cohabitates in a long-term relationship. The paying spouse can file a motion to stop payments if this occurs. Additionally, alimony ends when either spouse dies.
Even if remarriage or cohabitation is not an issue, a paying spouse may request termination if the recipient becomes financially independent. The court will consider whether ongoing support is still necessary.
To change alimony, the requesting spouse must petition the court. They will need to show evidence of the changed circumstances.
Alimony matters can be complicated. Before requesting a modification, it is essential to have accurate legal information.