Can My Ex Modify Spousal Support Payments?

 Posted on April 30, 2022 in Alimony

In the wake of a divorce, spousal support payments, also known as spousal maintenance or alimony, can help both spouses maintain a lifestyle that is similar to the one that they were accustomed to as a married couple. The payments are common when one spouse makes a larger income, has greater earning potential, or has more assets than the other. However, spousal support payments can last for years after the divorce, with their length depending on the length of the marriage. 

In the years after a divorce, circumstances can change for both spouses and the initial order may need to be revisited. There are various grounds upon which a spouse can petition the court to grant a modification. The Law Offices of Donald J. Cosley has experience representing spouses on both sides of the support issue and can make sure that you are receiving or paying your fair share after a change in the life of you or your ex-spouse. 

What Changes Qualify for a Modification? 

Both the spouse who is paying and the spouse who is receiving spousal support can request a modification. The modification request can be made in response to a change in your circumstances, or in the circumstances of the other spouse, which could impact the payments. Some examples of qualifying changes include:

• Substantial decrease in either spouse’s income - This could include the loss of a job or a salary reduction. However, the change must be involuntary; a job change by choice does not qualify. This can also include the loss or failure of a business. 
• Substantial increase in either spouse’s income - If the payor receives a larger income, the payments could be increased. If the receiver has more income, the payor may be entitled to lower payments or an end to payments altogether.
• Retirement - Upon one or both spouse’s retirement, payments can be modified. 
• Remarriage - The spouse who is receiving the payment is remarried or begins cohabitating with someone. 
• Health issues - This includes a major health problem that impairs either spouse’s earning ability.

Contact an Arlington Heights Spousal Maintenance Attorney

If you are currently receiving or paying spousal support and would like to discuss your options for a modification, contact the Rolling Meadows attorneys for modifying spousal support payments at the Law Offices of Donald J. Cosley. We will discuss what changes have occurred since the initial payments were determined and make sure that you are paying or receiving the appropriate amount, or whether payments should be terminated altogether. To set up your initial free consultation, call our office at 847-253-3100. 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm