When Can Alimony Be Modified in Illinois?

 Posted on April 29, 2025 in Uncategorized

 Alimony is often awarded after divorce to help the dependent ex-spouse enjoy a similar standard of living he or she enjoyed during the marriage. If you are paying alimony, you may have questions about when it is appropriate to modify your monthly obligations. A Wheaton, IL divorce lawyer can advocate for you and advise you of your rights regarding spousal support.

Modifying a court order requires a clear, compelling argument that justifies it. At Roberts PC, we can support you in your petition to modify alimony, presenting your case to a judge for your best interests.

What if My Spouse’s Income Changes?

In Illinois, spousal support is awarded based on financial need. With that in mind, you may have grounds to petition for a modification of support if your ex gets a significant pay increase. This is especially true if your ex previously earned less than you, but now earns an income greater than or equal to your own.

In another example, your ex might have come into an inheritance that greatly impacts his or her standard of living. To modify or terminate alimony, you could make a case that there is less need for financial support thanks to your ex’s changed circumstances.

What if I Become Unable to Make Alimony Payments?

Tragedy and misfortune can strike at any time. An unexpected injury can leave you hospitalized for months on end. If you are subjected to a sudden and brutal layoff, it could jeopardize your immediate financial future. When emergencies happen, alimony payments can place an undue financial burden on you.

The courts recognize that you can be set back by things outside of your control. If your ability to pay has been inhibited by an injury, illness, or other extenuating circumstance, you can request a reduction in payments. Any reason for modification that is perceived as your own fault or an attempt to get out of paying– for example if you quit your job with no good reason – will likely be rejected.

What if My Ex Remarries?

Alimony is built on the premise that divorced couples must adjust to life on their own after the divorce. An ex-spouse who marries someone else will likely have another income to rely on, so continued support becomes unnecessary. If your ex remarries, you can petition to terminate the alimony payments altogether.

Things can become complicated if your ex moves in with a new romantic partner while not yet married. To terminate alimony payments in this situation, you must prove to the court that your ex and his or her new partner have begun cohabitating. This means that the two live together in a relationship that is functionally similar to a marriage. At Roberts PC, our lawyers can make the case to prove that your ex has begun cohabitating through evidence like witness testimony or household bills.

Meet With a Naperville, IL Family Law Attorney

Are your monthly alimony payments a source of stress? Are they no longer necessary or feasible due to a change in circumstances? At Roberts PC, our DuPage County, IL divorce lawyers can help you advocate for a modification to the court order. Call us at 630-668-4211 for a free initial consultation.