Can I Reduce or Stop Alimony Payments in Illinois?

 Posted on February 11, 2025 in Divorce

For some people, just the thought of the financial implications of a divorce is enough to make them settle for staying unhappily married. The idea of needing to divide all your joint assets and debts, in addition to making regular payments for child support and alimony, can seem overwhelming. But like any other area of life, knowledge is power, and understanding how you can have a say in these payments can help you feel more in control.

In fact, even payments that you are ordered by the court to make can be modified under certain circumstances, so an alimony order is not a life sentence. A qualified Illinois divorce lawyer can explain how alimony is calculated and when you might be able to seek modification. 

When Can Alimony Be Modified or Terminated?

In Illinois, alimony is officially called spousal maintenance. It is meant to provide financial support to a former spouse who is unable to cover their expenses and not yet financially independent. However, there are also certain circumstances under which these payments can be modified or terminated.

Significantly Reduced Income for Paying Spouse

Spousal maintenance payment amounts are calculated based on the facts at the time of the divorce. If the paying spouse’s income is significantly reduced – for example, if he is let go from his job or takes a serious pay cut – he can petition the court to reduce or end the payments. Any significant change needs to be involuntary. If he chooses to work less or quit his job, his obligations will likely remain in place.

Significant Improvement of Receiving Spouse’s Finances

If the receiving spouse experiences a significant improvement in her financial situation, the court might consider reducing or terminating the payments. Examples are if she gets hired for a high-paying job, receives a significant inheritance, or wins the lottery.

Change in Relationship Status for Receiving Spouse

Once someone who receives spousal maintenance gets remarried, all payments end immediately, without the paying spouse needing to file a court motion. Payments can also be terminated if the receiving spouse does not remarry but is in a romantic, committed relationship that includes cohabitation. However, to be granted this termination, the paying spouse needs to provide proof of the relationship that demonstrates it is not a casual dating situation.

Retirement of Paying Spouse

If the paying spouse retires and cannot afford spousal maintenance, this is another scenario in which the court might consider terminating the payments. To do so, it will review various factors, including:

• Retirement savings

• Pension income

• Receiving spouse’s financial needs

How Can I Request a Spousal Maintenance Modification or Termination?

If you think you qualify for a reduction or termination of your alimony payments, you can file a petition in the same court that issued your original spousal maintenance order. You will need to provide evidence proving whatever changed circumstances you believe make your current payment arrangement unnecessary or unsustainable. There will be a court hearing where you and your ex can present your sides, and the judge will rule on your petition. 

Contact an Arlington Heights, IL Divorce Lawyer

If you want to reduce or end your alimony payments, speak with an experienced Arlington Heights, IL spousal maintenance modification attorney who has helped other clients in similar situations. At A. Traub & Associates, we believe that no one should be stuck suffering financially while their ex-spouse enjoys their money. Call us at 847-749-4182 to schedule a private initial consultation where we can review your case and explain how we plan to help you get the outcome you deserve.