You can change spousal support in Illinois, but it requires specific steps and evidence to accomplish. Spousal support is a major component of a final divorce decree, and changing it is not meant to be easy to do. However, life changes after divorce and modification might be entirely appropriate, or even necessary. Illinois law allows parties to request modification by following the appropriate steps.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help you modify spousal support obligations and seek a resolution that fits for your situation. Speak with our team today to learn how we can help.
When Is Spousal Support Modifiable in Illinois?
In Illinois, most spousal support orders can be modified, but only if the original divorce judgment or settlement agreement does not explicitly state that maintenance is “non-modifiable.” Many couples choose modifiable maintenance because it provides flexibility if circumstances change. Others agree to non-modifiable maintenance for predictability and finality.
If your order is modifiable, the court may adjust the amount, duration, or both, but only if you can show a substantial change in circumstances.
What Counts as a “Substantial Change in Circumstances”?
Illinois courts do not modify spousal support lightly. The change must be meaningful, ongoing, and directly related to the ability to pay or the need for support. Common examples include:
- Significant change in income for either party
- Job loss or involuntary reduction in hours
- Serious illness or disability affecting earning capacity
- Retirement, if made in good faith
- Major increase in the recipient’s income
- Cohabitation by the recipient with a new partner
- Changes in the cost of living or financial obligations
- Substantial changes in parenting responsibilities
Income Changes and Job Loss
One of the most common reasons people seek modification is a change in income. However, Illinois courts distinguish between voluntary and involuntary changes.
- Involuntary Job Loss: This might include a layoff or medical condition that keeps you from working.
- Voluntary Reductions: This can include quitting your job or choosing to take a lower-earning job.
The court looks closely at whether the paying spouse acted in good faith and whether they are making reasonable efforts to regain employment.
Retirement and Spousal Support Modification
Retirement is another frequent basis for modification. Illinois courts consider:
- The age of the paying spouse
- Whether retirement is reasonable and made in good faith
- The financial impact on both parties
- The availability of retirement income
Early or strategic retirement intended to avoid paying support may not justify a modification.
Cohabitation and Termination of Support
Spousal support may be terminated if a recipient begins to live with another person on a continuing and conjugal basis. Courts look at factors such as:
- Shared finances
- Length and stability of the relationship
- Frequency of overnight stays
- Whether the couple presents themselves as a household
Cohabitation does not require marriage. If the court finds that the recipient is essentially in a marriage-like relationship, support may end.
Health Changes and Disability
A serious illness or disability affecting either party can justify modification. For the paying spouse, reduced earning capacity may support a decrease. For the recipient, increased medical needs or inability to work may support an increase.
Changes in Financial Obligations
Life changes can affect a person’s life in major ways. Whether someone is newly remarried, they have new children, or someone becomes unexpectedly unable to work, this can alter the spousal support landscape.
How Courts Evaluate Modification Requests
When reviewing a petition to modify spousal support, Illinois courts consider many of the same factors used to determine the original award, including:
- Each party’s income and assets
- Earning capacity and employment history
- Age and health
- Standard of living during the marriage
- Duration of the marriage
- Contributions to the marriage, including homemaking
- Any other factor the court finds relevant
The burden of proof lies with the party requesting the modification.
Modify Spousal Support with the Help of an Experienced Illinois Divorce Attorney
Post-decree modifications are an important part of your divorce long after your marriage officially ends. Filing your motion the correct way and with the right evidence can make all the difference in your request for modification. Know how to approach it by speaking with an experienced lawyer.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.