Reasons to Modify Alimony in Illinois

 Posted on July 22, 2025 in Spousal Support

If you are responsible for paying for alimony, or spousal maintenance, you might wonder when the courts will allow you to modify the regular payments – if you can modify them at all. In Illinois, a judge will only allow you to modify alimony under very specific circumstances.

If you fall behind on payments, you could be threatened with legal penalties, including contempt of court. At Roberts PC, we can help you with issues involving rigid court orders. Our Wheaton, IL family law attorneys can represent you in petitions to modify alimony, working hard to protect your financial security. 

Do I Still Have to Pay Alimony if I Lose My Job?

The loss of your job can come as a heavy hit to your finances. You may wonder if you will still be responsible for paying spousal maintenance if you are suddenly terminated from your position. Like most legal questions, the answer is "It depends."

A judge may consider a petition to modify alimony if you lost your job due to circumstances outside of your control. For instance, if you fell victim to an unfortunate layoff, the court may recognize it as a valid reason to modify alimony. However, if you were fired due to your own actions or misconduct, your petition could be dismissed.

Do I Have to Pay Spousal Maintenance if My Ex Remarries?

Alimony is intended to help spouses get back on their feet after a divorce as they transition back into single life. When a new romantic partner enters the picture, the spouse receiving alimony may have access to another source of income. In these kinds of situations, alimony becomes redundant, and the court can terminate alimony once the recipient spouse remarries.

If your spouse has moved in with a new partner but has not married him or her, you can still request an end to spousal maintenance. However, the burden of proof is on you to show that your spouse has begun cohabiting with a new partner. At Roberts PC, we can help you gather proof to show that your spouse no longer needs your financial support.

What Counts as a Substantial Change in Circumstances?

In most cases, to request a modification to spousal support, you must show that your material circumstances have changed significantly. Your petition should be in good faith, and not simply an attempt to get out of paying alimony. 

Alongside the loss of a job or the recipient spouse remarrying, the court may also consider other special circumstances. For instance, if you experience a sudden change in health or go through an expensive family emergency, you could cite that as grounds for a modification

Contact a DuPage County, IL Divorce Attorney Today

Alimony does not always account for unexpected financial troubles. At Roberts PC, our Oak Brook, IL spousal support lawyers can assess your situation to see if a modification is viable. To schedule a free consultation, call our offices at 630-668-4211 today.