Can I Modify a Spousal Maintenance Order in Illinois?

 Posted on July 25, 2025 in Spousal Maintenance

Life circumstances can change after a divorce, and those changes may affect your ability to pay or receive spousal maintenance, commonly known as alimony. If your financial situation has shifted, you may be wondering whether you can modify your existing support order. In Illinois, the law allows for changes in certain situations, but you must meet specific legal requirements. A Wheaton, IL alimony attorney can help you understand what qualifies as a valid reason to request a change to spousal maintenance in your case.

When Can Spousal Maintenance Be Modified in Illinois?

Illinois law allows either party to request a change to a spousal maintenance order if there has been a "substantial change in circumstances." This is outlined in Section 510(c) of the Illinois Marriage and Dissolution of Marriage Act, which permits courts to modify, suspend, or terminate maintenance based on significant changes in income, employment, health, or other factors. Examples of substantial changes include:

• A job loss or major decrease in income due to layoff, business closure, or demotion

• A serious illness or disability that limits a spouse’s ability to work or increases medical expenses

• Retirement at a typical retirement age, resulting in reduced income or benefits

• The receiving spouse remarrying or living with a new partner in a financially supportive relationship

• A change in parenting time that affects child-related expenses or shifts financial responsibilities

• A significant increase in the receiving spouse’s income or financial independence

• Unexpected financial emergencies, such as major property loss or caregiving responsibilities for a family member

The court will look at the reasons for the change and whether it was voluntary or unavoidable. A voluntary reduction in income may not be enough to support a modification request.

How Do You Modify Spousal Maintenance in Illinois?

To request a modification, the first step is filing a petition in the same court that issued the original divorce order. You must explain the reasons for your request and include evidence to support your claim, such as updated tax returns, pay stubs, medical records, or documentation of cohabitation.

The court will review the current circumstances of both parties and may consider the factors listed in 750 ILCS 5/504(b-1), such as each spouse’s income, the length of the marriage, and the standard of living during the marriage. These same factors were used to determine the original award and help the judge decide if a change is fair.

Can You Request To End Spousal Maintenance in Illinois?

There are times when spousal maintenance can be terminated entirely. Remarriage and cohabitation are the most common reasons. Cohabitation specifically refers to a romantic relationship that resembles a marriage. For example, the court will examine shared finances, living arrangements, and the length of the relationship to decide whether it qualifies. 

Contact a Wheaton, IL Spousal Maintenance Attorney for a Free Consultation

We understand that spousal maintenance issues can be financially and emotionally stressful. We focus on effective negotiation to resolve complex matters quickly and affordably. Attorney Dion U.Davi, the DuPage County, IL spousal maintenance lawyer at Davi Law Group, is a former Assistant State’s Attorney. He brings deep courtroom experience and strategic insight to every case. He has also been recognized by Super Lawyers and The National Advocates Top 100, and he serves on the boards of both the Illinois State and DuPage County Bar Associations. To learn more about how he can help you, call 630-657-5052 and schedule your free consultation.