Feb 7, 2019 | Divorce


This blog has previously discussed how some aspects of divorce or separation decrees can be changed under certain circumstances. For instance, child support and the allocation of parental responsibilities can be reviewed periodically at the request of either parent.

The logic behind this is that the needs and best interests of a child can change over time. And, looking after these needs and interests should be paramount in the court’s mind.

Alimony, which is also referred to as spousal maintenance or spousal support, is another aspect of a divorce or separation that can be modified under Illinois law. In some circumstances, a Rockford resident who is paying alimony can even get an automatic post-divorce modification terminating a requirement to pay spousal support, such as if their ex remarries or is even living together with another person without getting married.

In other cases, a person paying alimony may ask the court to change or even terminate the order that he or she do so. This sort of decision is within the judge’s discretion, meaning the judge has some leeway to make the decision he or she deems appropriate for the circumstances.

The will depend on the judge’s evaluation of a number of factors, including the parties’ current incomes and what efforts, if any, the person receiving alimony has made to improve his or her own financial situation. Other factors may also be in play.

The key to getting a change in one’s spousal support order is whether that person can show a substantial change in circumstances from the time that order was originally entered or agreed to. Doing this can be challenging, which is why it might be helpful to have the assistance of an experienced family law attorney.