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How Can I Modify My Illinois Spousal Maintenance Order?

Posted on in Divorce

Burr Ridge divorce attorney spousal maintenance

Spousal maintenance, also called spousal support or alimony, can be a valuable source of financial support following a divorce. However, the order for spousal maintenance may become inappropriate if either party’s financial circumstances change dramatically. If you are currently paying spousal support to your ex-spouse or you are the recipient of maintenance payments, you may have questions about how and when a spousal maintenance order can be changed. Illinois courts only grant spousal support modifications if certain qualifying criteria are met.  

Alimony May Be Modified if There is a Substantial Change in Circumstances  

A spousal maintenance obligation typically terminates if the party receiving maintenance remarries or if either party passes away. If the receiving party is cohabitating with a romantic partner in a marriage-like relationship, the paying party may petition the court to have his or her maintenance obligation terminated. Illinois courts may modify the amount or duration of spousal maintenance if there is a “substantial change in circumstances.” When determining whether or not to grant a spousal maintenance modification, courts will consider factors such as:

  • Changes in either party’s income and/or employment made in good faith

  • The assets acquired by the spouses since the divorce

  • Damage to the earning capacity of either party such as a major illness or disability

  • The amount of maintenance that has already been paid and the number of remaining payments relative to the length of the marriage

  • The efforts the recipient party has made to become financially self-supporting

The court will hear arguments and evaluate evidence from both parties and then determine whether or not the spousal maintenance order should be modified. The court may choose to update the terms of the spousal maintenance obligation in order to reflect the new circumstances. If you wish to change your current spousal maintenance order, you will need to file a motion to modify spousal maintenance with the court that entered your current order. Then, you will need to attend a hearing during which you will explain your reasons for requesting the modification. This process can be complex, so it is best to seek advice and guidance from an attorney experienced in post-judgment modifications.

Contact an Oak Brook Spousal Maintenance Lawyer

Whether you need to modify or terminate your current spousal maintenance obligation or you want to contest your ex-spouse’s modification petition, you need an attorney who is knowledgeable and dependable. At the distinguished law firm of Botti Marinaccio, LTD, we have successfully helped thousands of individuals with a variety of complex family law concerns. For help with your divorce-related issues, schedule a personalized consultation and case review with a skilled Cook County divorce attorney from our firm by calling us today at 630-575-8585.

 

Source:
https://www.ilga.gov/legislation/ilcs/documents/075000050K504.htm

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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