Divorce does not always mark the end of financial obligations between former spouses. In some cases, one spouse may be required to pay spousal maintenance (also known as alimony) to the other after the divorce is finalized.
However, life circumstances can change over time. Income may increase or decrease, employment situations may shift, or financial needs may differ from those when the original order was entered. When significant changes occur, a spouse may be able to request a modification of spousal maintenance.
What Is Spousal Maintenance?
Spousal maintenance is financial support paid by one former spouse to the other after divorce. In Illinois, courts consider several factors when determining whether maintenance should be awarded, including:
- Each spouse’s income and financial resources
- The needs of each spouse
- The standard of living established during the marriage
- The length of the marriage
- Each spouse’s ability to earn income
- Contributions made during the marriage
The amount and duration of maintenance can vary depending on the circumstances of each case.
When Can Spousal Maintenance Be Modified?
A modification may be possible when there has been a substantial change in circumstances after the original order was entered.
Examples may include:
- A significant change in either spouse’s income
- Job loss or a major career change
- A reduction in earning ability
- A substantial increase in financial needs
- Retirement or changes related to age or health
- Other significant changes affecting the ability to pay or the need for support
A change in circumstances does not automatically modify the maintenance obligation. A spouse typically must take legal action and request a modification through the court.
Can Spousal Maintenance Be Increased or Decreased?
Depending on the circumstances, either spouse may request a change. A paying spouse may seek a reduction if their financial situation has significantly changed, while a receiving spouse may request an increase if their circumstances have changed and the law allows for modification. The court will review the current circumstances and determine whether a modification is appropriate.
Can Spousal Maintenance End Early?
In some situations, maintenance may terminate before the original end date. This may occur due to circumstances such as:
- The recipient spouse remarrying
- The recipient spouse entering a conjugal or cohabitating relationship, depending on Illinois law
- The death of either spouse
- Other conditions that were outlined in the divorce judgment or agreement
The specific terms of the divorce order are important when determining whether maintenance can be changed or terminated.
Why Reviewing Your Divorce Judgment Matters
Spousal maintenance obligations are often based on the circumstances that existed at the time of divorce. As years pass, those circumstances may change significantly.
Understanding the terms of your divorce judgment and knowing when modification may be available can help you make informed decisions if your financial situation changes.
Final Thoughts
Spousal maintenance is not always a permanent, unchangeable obligation. When significant life or financial changes occur, either spouse may have options for requesting a modification.
Whether you are paying maintenance or receiving it, understanding your rights and responsibilities can help you address changes appropriately and avoid unnecessary financial disputes.
If you have questions about your divorce process or are unsure which approach may apply to your situation, it is important to understand your options early.
The Law Offices of Patrick Markey, P.C., are located at 180 Stetson Avenue, Suite 3500 in Chicago, Illinois. You may call us at 312-223-1764 to discuss your situation.
I help clients minimize the destruction of divorce whether it be through the collaborative law model, the court process or mediation. My focus is on complex family law cases and representing professionals and their spouses who value a proactive solution orientated approach to their divorce. Our policy is to provide prompt responses and regular status updates to clients. Keeping the client informed about their cases is the highest priority. We as a firm are accessible when needed. Clients want a speedy resolution to their divorce or family law matter without sacrificing the best possible outcome. I am a strong advocate of the Collaborative Law and mediation dispute resolution methods for their ability to custom-craft solutions, minimize conflict and usually reduce the time of a case. Not only are we experts on family law, but we understand the impact of divorce on children and we help client’s develop co-parenting relationships. Clients deserve to be treated with kindness and empathy during this difficult time. We as a firm represent clients in a professional, ethical manner. The firm uses the latest technology to save time and make the client’s experience easier.
Recognition:
*Selected as an Illinois Super Lawyer by Super Lawyers Magazine for 2024. This distinction is limited to the top 5% of lawyers in each practice area. In 2015, selected as a “Rising Star” which is only granted to 2.5% of lawyers. Super Lawyers has a patented multi-phase process that includes independent research, peer nominations and peer evaluations.
* Chicago Bar Association Milton H. Grey Award for Outstanding Project Leadership (2012).
Involvement
*Collaborative Law Institute of Illinois (CLII) Executive Board Member
*Center for Conflict Resolution (CCR) Volunteer Mediator
*Chicago Bar Association Judicial Evaluation Committee