The Illinois family courts may order one spouse to provide regular spousal maintenance payments to the other as part of a divorce. Also known as alimony or spousal support in other jurisdictions, spousal maintenance helps ensure that lower-earning or dependent spouses can become independent after the end of a marriage.
Factors including the health of the spouses, the length of the marriage and other unique details about the situation can influence how much maintenance the courts order and how long maintenance payments last. People paying maintenance often count the months until their obligations end. In some circumstances, they may be able to go back to family court to seek a modification reducing the amount of the payments or the duration of the order.
What situations might justify a request for a maintenance modification?
A drastic change in circumstances is necessary
Given that maintenance responsibilities reflect the circumstances, those circumstances usually have to shift in a demonstrable way for the courts to agree that the maintenance order requires adjustments. In some cases, the recipient improving their circumstances could inspire the courts to modify the order.
The remarriage of the recipient is typically a viable reason to terminate maintenance payments. The courts may also agree to end maintenance payments or reduce them when the recipient spouse begins cohabitating. However, the courts need to look into the cohabitation to determine if there is financial support provided and if it relates to a romantic relationship. Simply having a roommate to reduce living expenses is not necessarily adequate justification to modify maintenance orders.
If the recipient spouse obtains a new job or receives a sizable pay raise, their improved financial circumstances may warrant an adjustment of the modification order. The courts can also modify maintenance in scenarios where the paying spouse experiences provable financial challenges.
Major medical issues, job losses and other forms of hardship that are outside of the control of the paying spouse might convince the courts to adjust maintenance payments. It is critical to recognize, however, that leaving a job voluntarily or otherwise taking intentional steps to reduce personal income could backfire. The courts may refuse modification requests in scenarios where negative financial changes appear to have been voluntary.
Reviewing a spousal maintenance order and current circumstances with a skilled legal team can help people determine if they have grounds to request modifications. Limiting ongoing financial obligations can help people rebuild after divorce.
