Can Spousal Support Be Modified in the Years Following a Divorce?

 Posted on March 14, 2022 in Divorce / Family Law

The decisions made during a couple’s divorce are usually meant to be permanent. However, since these decisions are based on the parties’ circumstances at the time of their divorce, a court’s orders may need to be adjusted if circumstances change. Spousal support is one issue that may need to be revisited in the years following a couple’s divorce. For those who pay or receive spousal support, it is important to understand when modifications may be made to these orders.

Modification or Termination of Spousal Maintenance

Illinois law refers to payments made by one spouse to the other after divorce as spousal maintenance. These types of payments are also commonly known as spousal support or alimony. The purpose of spousal maintenance is to ensure that both parties will be able to support themselves and continue living at the standard they were used to during their marriage. Most of the time, spousal support will only be appropriate if there is a significant disparity between the incomes earned by the parties, including in cases where a spouse is a stay-at-home parent who does not earn enough income to fully cover their ongoing expenses.

Spousal maintenance will generally last for a limited time. Illinois law provides formulas to calculate the duration of spousal support based on the number of years a couple was married. While maintenance may provide a spouse with the financial resources they need during this time, they will usually be expected to become self-supporting. They may be able to use the support they receive to pursue education or training and ensure that they will be able to earn a sufficient income on their own.

Modifications to spousal maintenance may be appropriate if the payor believes that this support is no longer necessary or if they have encountered issues that affect their ability to pay support as ordered. When requesting a modification, a person will usually need to show that one or both parties have experienced a significant change in circumstances. These changes may include the loss of a job or an increase in expenses that affects the payor’s ability to make ongoing payments or an increase in income for the recipient that has made support unnecessary.

Spousal maintenance will automatically be terminated if the recipient marries someone else or begins cohabitating with a new romantic partner. If the recipient gets remarried or moves in with a new partner and fails to notify their former spouse, they may be required to reimburse their ex-spouse for any payments that were made after support should have been terminated.

Contact A Kane County Spousal Support Modification Lawyer

If you believe that your spousal maintenance payments should be modified because of changes that have affected you or your ex-spouse, Loire Krajniak Law, LLC can help you decide how to proceed. We will explain your options and assist you as you request or respond to a modification of spousal support. Contact our Geneva spousal maintenance attorney today at 630-448-2406 to schedule a complimentary consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm