A spousal maintenance award, formerly known as alimony, is often one of the most significant financial issues in an Illinois divorce. While some maintenance awards last only a few years, others may continue for much longer depending on the length of the marriage and the financial circumstances of the parties.
Because life rarely remains the same after a divorce, Illinois law recognizes that maintenance orders sometimes need to be modified. A job loss, a substantial increase in income, retirement, disability, or other major life changes may make the original maintenance order unfair or no longer appropriate.
However, not every maintenance award can be modified, and not every financial change justifies changing an existing order. Understanding when Illinois courts will review a maintenance award can help both the paying spouse and the receiving spouse protect their rights.
Not necessarily.
Most maintenance awards entered by an Illinois court are subject to modification if one party can demonstrate that a substantial change in circumstances has occurred since the original order was entered.
However, divorcing spouses may agree that maintenance will be non-modifiable. When properly included in a Marital Settlement Agreement and approved by the court, that agreement generally prevents either spouse from later asking the court to increase, decrease, or terminate maintenance based on changed circumstances. (750 ILCS 5/502)
Because non-modifiable maintenance can have significant long-term financial consequences, spouses should carefully evaluate any proposed agreement before signing it.
For maintenance awards that remain modifiable, the party requesting a change must generally prove that a substantial change in circumstances has occurred.
Illinois law does not provide a single definition that applies to every case. Instead, courts evaluate the specific facts and determine whether the changes are significant enough to justify modifying the existing order.
Some of the most common reasons for seeking modification include:
The court will examine the totality of the circumstances rather than relying on any single factor.
One of the most common reasons for requesting a maintenance modification is the loss of employment.
A legitimate job loss may justify reducing or temporarily modifying maintenance, particularly if the paying spouse experiences a substantial reduction in income despite making reasonable efforts to find comparable employment.
However, losing a job does not automatically eliminate the obligation to pay maintenance.
Until the court modifies the existing order, the paying spouse generally remains responsible for making the required payments. Falling behind before obtaining a modification can result in substantial arrearages and enforcement proceedings.
For that reason, anyone experiencing a significant loss of income should consult an attorney and seek court relief as soon as possible rather than simply stopping payments.
Yes. A substantial increase in either spouse’s income may support a request to modify maintenance.
For example, the receiving spouse may become financially self-sufficient after obtaining higher-paying employment, completing additional education, or advancing professionally. Conversely, the paying spouse may experience a significant increase in income that changes the financial circumstances considered when the original maintenance award was entered.
The court will evaluate whether the income change is substantial enough to justify modifying the existing order.
Illinois maintenance is often intended to help a spouse become financially independent when appropriate.
When reviewing a request for modification, the court may consider whether the receiving spouse has made reasonable efforts to become self-supporting through employment, education, vocational training, or other opportunities.
The appropriate level of self-sufficiency depends on the facts of each case, including the spouse’s age, health, education, work history, and responsibilities during the marriage.
Retirement can also provide grounds for modifying or terminating maintenance.
Illinois courts consider whether the retirement is made in good faith and whether it is reasonable under the circumstances. Factors such as the person’s age, health, occupation, financial resources, and retirement plans may all be relevant.
A voluntary retirement undertaken simply to avoid paying maintenance may be viewed differently than a retirement that occurs at a customary retirement age after a lengthy career.
In some situations, yes.
Unless the parties agree otherwise, Illinois law generally provides that maintenance terminates upon:
Maintenance may also terminate according to the terms of the divorce judgment or the parties’ settlement agreement.
If there is a dispute over whether maintenance should terminate, the issue may require court review.
Yes.
Illinois law gives divorcing spouses considerable flexibility when negotiating maintenance agreements.
For example, spouses may agree that:
These agreements can provide certainty and reduce future litigation, provided they are properly drafted and approved by the court.
When deciding whether to modify maintenance, the court may evaluate numerous circumstances, including:
No single factor automatically determines whether a modification will be granted. The court evaluates the evidence presented by both parties before deciding whether the existing order should remain in effect.
One of the most common mistakes people make is assuming that a financial setback automatically changes their maintenance obligation.
It does not.
Only a court can modify an existing maintenance order unless the parties reach a legally enforceable agreement approved by the court. Waiting too long to seek relief can allow unpaid maintenance to accumulate, creating significant financial difficulties that may have been avoided through a timely modification request.
Whether you are seeking to increase, reduce, or terminate maintenance, acting promptly is often critical.
No. A job loss does not automatically change your court order. You should seek a modification as soon as possible if your financial circumstances have substantially changed.
Yes. If maintenance remains modifiable and there has been a substantial change in circumstances, either party may request a modification.
In most cases, the remarriage of the receiving spouse terminates maintenance unless the parties have agreed otherwise in a valid settlement agreement.
Yes. Illinois law permits spouses to enter into a non-modifiable maintenance agreement if both parties agree and the court approves the settlement.
Whether you are paying or receiving maintenance, a significant change in financial circumstances may justify reviewing your existing court order. Understanding your rights before taking action can help you avoid costly mistakes and protect your financial future.
At Gordon & Perlut, LLC, we represent clients throughout Chicago, Skokie, Cook County, and the surrounding communities in matters involving spousal maintenance, divorce, post-decree modifications, and other family law issues. We can evaluate your circumstances, explain your legal options, and help you pursue a fair resolution under Illinois law.
If you have questions about modifying a spousal maintenance order, Contact Gordon & Perlut, LLC at our Chicago office at 312-360-0250 or call our Skokie office at 847-329-0101 today to schedule a confidential consultation.
This article is intended for general informational purposes and does not constitute legal advice for any individual case.
