Can I Get a Post-Decree Modification for Spousal Maintenance? | IL

 Posted on September 30,2024 in Divorce

Spousal maintenance can often be one of the most acrimonious parts of a divorce. Spouses ordered to pay support are rarely happy to do so, even if the receiving spouse needs and deserves the support. While a spousal maintenance order may be reviewed periodically, if something major occurs in the life of either ex-spouse that represents a substantial change in circumstances, either spouse can request a post-decree modification.

This change is meant to match the new circumstances so that neither spouse is unduly burdened financially. Whether you are the spouse receiving spousal support or the spouse paying support, if you or your ex determines a change in spousal support is warranted, speaking to an experienced Geneva, IL spousal support attorney from Serrano Hanson can be beneficial.  

What Are the Primary Reasons a Spouse Might Receive a Modification for Spousal Maintenance?

As noted, there must be a substantial change for a judge to consider a modification of spousal maintenance. The most common reasons for a judge to consider modifying current spousal support include:

• The receiving spouse’s income increases significantly, only if the income increase is substantial, has positively affected his or her standard of living, and is expected to continue to positively affect the standard of living.  

• An increase in the paying spouse’s income is less likely to warrant a change in spousal maintenance since the receiving spouse will also have to convince the judge he or she needs more financial support than was originally determined.

• The paying spouse retires at full retirement age, which generally triggers a modification or termination of spousal maintenance. If the paying spouse retires early, he or she may have to prove his or her motives for retiring.   

• The receiving spouse is living with or married to a romantic partner. Spousal support should be terminated when a spouse receiving support is living with a romantic partner or remarries. Proving cohabitation requires more than just speculation.

Another potential reason to change or terminate spousal support is health. If the paying spouse becomes seriously ill or disabled, the court may terminate spousal support. Likewise, if the receiving spouse becomes seriously ill or disabled while the paying spouse remains healthy and working, the court may increase spousal support.

When Does Spousal Maintenance End in Illinois?

The duration of spousal support in Illinois depends on the length of the marriage. A specific formula for determining the amount involves taking the length of the marriage in years and multiplying that by the number in the formula. A marriage of less than five years is multiplied by 20 percent, with each year increasing by four percent after this.

So, a marriage of ten years would be multiplied by 40 percent (four years of spousal support), a marriage of 19 years is multiplied by 80 percent, and once a marriage duration reaches 20 years, the spouse would receive 100 percent, or the number of years married, which could make the support indefinite. If either spouse dies during the duration of spousal support, it is immediately terminated.  

Contact a Kane County, IL Spousal Maintenance Lawyer

At Serrano Hanson, we take pride in providing superior legal counsel to our clients. The personal level of attention and a strong emphasis on relationships brings a personal level of attention to each client we serve. Having a Geneva, IL spousal support attorney by your side can make your divorce easier and quicker. Call a compassionate, experienced legal advocate from Serrano Hanson at 630-844-8781 to schedule your appointment. We are fluent in Spanish and English.