Each marriage is defined by unique family and financial dynamics that must be taken into account during divorce determinations. In certain cases, the court may award a lower-earning spouse alimony to make the transition to single life (and a single income) easier. In theory, alimony is to provide financial assistance while a spouse pursues new job or educational opportunities. It’s entirely up to the spouses or the court to decide how long alimony payments should last.
Typically, a judge thoroughly reviews the financial situations of both spouses before making a final determination. The spousal support amount is calculated per state laws and can be paid in monthly installments or a lump sum payment. However, alimony can be terminated or modified under certain conditions, and to the benefits of both spouses.
Terminations and modifications can be requested under the following conditions:
- The receiving ex-spouse moves in with a new romantic partner
- The receiving ex-spouse gets remarried
- One of the ex-spouses passes away
- There is a permanent change in the financial circumstances of either ex-spouse
A former spouse may be legally responsible for providing monthly alimony payments for years. Within that time, it’s not unusual for a person’s life and occupational circumstances to change. However, they can’t just stop paying alimony because they can’t afford it. Likewise, a receiving spouse can’t demand additional support because they are suffering financially.
Both exes have the ability to legally request a spousal support modification. By working with an experienced attorney, a former spouse can develop an argument proving that their earning ability or financial situation has changed. If successful, the court will agree that the original spousal support order is unreasonable and modify it accordingly.
A modification can provide many benefits to both former spouses by ensuring they are each living in financial comfort.
Modify Your Spousal Support Order Today
It can be incredibly difficult to modify or terminate your alimony payments, and you don’t want to face the legal penalties of not obeying a court order. At Wakenight & Associates, P.C., our Illinois spousal maintenance lawyers can review your financial situation, develop a reasonable argument stating your need for a modification, and present it to the court on your behalf.
Contact Wakenight & Associates, P.C. if you have any concerns about your alimony payments or other post-divorce modifications. Our firm has multiple office locations across Illinois, including: Joliet, Mokena, Oak Park, and Elmhurst.