Divorce is rarely an easy process. Somewhere down the road, your living situation may change, which can leave you to wonder if you received a fair settlement, especially when it comes to spousal maintenance (formerly alimony). If you find yourself in this situation, it is important to understand your rights and how to proceed with the court and your legal team.
What Does Illinois Law Require for a Modification?
Life post-divorce can change at any time. Major life events, such as changes in your health or income, or learning that your former spouse is living with a new partner, can affect your current financial needs and obligations. When that happens, it’s common to wonder whether your spousal maintenance order can be updated to match your current reality.
Illinois law does allow modifications, but only under specific conditions. Section 750 ILCS 5/510 of the Illinois Marriage and Dissolution of Marriage Act says a court may modify or end maintenance if there has been a substantial change in circumstances. The change cannot be based on assumptions or future possibilities unless they were clearly outlined in the original divorce decree. The court needs to see an actual shift that affects either the ability to pay or the need for support.
These guidelines help ensure a request is founded on meaningful changes, such as a significant income adjustment, disability, new financial responsibilities, or remarriage/cohabitation of the receiving spouse.
How Courts Define Life Situations
The courts have strict guidelines for what constitutes a significant change in life circumstances. Below are some common but not limited to situations:
Significant change in income or financial capacity: If the paying spouse loses a job, income is greatly reduced, or they are unable to continue working, these events could justify a reduction in maintenance payments. On the contrary, a dramatic increase in income of either party may justify a modification, though courts examine if the change is large enough in context.
Adjusted financial needs of the receiving spouse: If the receiving spouse has an unexpected change in their financial situation due to illness or other significant life needs, they may request a modification to their maintenance.
Remarriage or cohabitation of the recipient spouse: As previously stated, when a receiving spouse remarries, maintenance obligations generally terminate. In some circumstances, courts will also define cohabitation as a sufficient change to circumstances that justify ending maintenance.
In summary, each case is different. The courts ultimately decide what qualifies as a need for modification. Working with an attorney can help support your case, whether you need to adjust your payments or request a benefits modification.
What Happens if You Request a Modification?
Once a request is filed, the court reviews the evidence to decide whether the substantial change justifies modification of payments. To help support your case, provide your attorney and the court with accurate documentation such as income records, employment information, medical reports, or evidence of remarriage or cohabitation. The court will then evaluate how this change affects either the paying spouse’s ability to provide support or the receiving spouse’s need for it.
If the court finds that a substantial change exists, it has the authority under 750 ILCS 5/510 to increase, decrease, or terminate maintenance. The court may also adjust the duration of maintenance if the circumstances warrant it. In most instances, modification applies only to payments due after the date the request was filed, unless the court decides otherwise. Past payments that were already due generally remain unchanged.
It’s also important to note that even though the IMDMA provides guidelines for calculating maintenance at the time of divorce, those guidelines do not automatically apply when modifying an existing order. A modification focuses on the current circumstances and whether they make the original order no longer appropriate.
What This Means for Sterk Family Law Clients
If you are considering a change to your spousal maintenance order, Sterk Family Law can assist. Our team can work with you to review your case and documentation. It’s also important to remember that not every situation will meet the legal standard. Courts look for substantial, ongoing changes rather than temporary issues. Even when a significant change occurs, the outcome is not automatic, as judges have discretion to decide whether an adjustment is appropriate. A modification request must be filed through the proper court process under Illinois law, and any updates to the order typically apply only to future payments. Understanding these basics can help clients feel better prepared when discussing their situation with an attorney and deciding whether to pursue a modification request.
For questions or to get started, contact Sterk Family Law today.