When Does Spousal Maintenance End in Illinois?

 Posted on September 01, 2017 in Divorce

When you are obligated to pay spousal maintenance, previously called alimony, you may be interested to know more about when your duty ends. Even if you are okay with it at first, spousal support may become annoying after years or decades of making payments. You may also become angry if you feel the support is unnecessary.

There are multiple ways spousal maintenance may end in Illinois. If you are frustrated with your obligation to pay and are interested in seeing if you can terminate the duty, contact us at Fay, Farrow & Associates, P.C. today.

When Does Spousal Support End in Illinois

Spousal support in Illinois can end for a number of reasons, including:

• Automatically based on the court order. Whether alimony is determined by a judge or agreed upon by you and your spouse, it can be set to automatically end after a certain number of months or years. This is a common arrangement when the maintenance is intended to help your ex-husband or wife get on his or her feet, including obtaining education or a new job.
• Remarriage. Your ex-spouse no longer has the right to receive spousal maintenance if he or she remarries, unless you two agreed to continue alimony beyond this point. You can automatically stop paying support on the day your ex-spouse has a marriage ceremony. However, if you pay support, your remarriage does not change your obligation.
• Cohabitation. If your ex-spouse begins to live with another person who he or she is in a romantic relationship with, then he or she is no longer entitled to alimony. While your duty to stop sending payments ends automatically when your ex-husband or wife gets marriage, it does not end automatically with cohabitation. You must return to court to prove your former spouse is living with another person in a relationship resembling a marriage.
• Death. Unless you and your ex-spouse agreed differently, the duty to pay or the right to receive alimony ends when either one of you passes away. A common exception is when a life insurance policy is to be paid out to the recipient ex-spouse when the paying ex-spouse dies.
• A substantial change in circumstances. If there has been a significant change in your or your ex-spouse’s circumstances, you can petition the court to modify the alimony. You may be able to have alimony reduced or terminated, if you can provide evidence that it is no longer appropriate for your ex-husband or wife to receive financial support. Common reasons to modify or end spousal support include a significant change in income or employment status.
• Voluntarily agreement. If you and your ex-spouse agree, you can return to court and end the spousal support order. However, a judge may not agree to the voluntary termination if it does not appear to be in good faith, one of the parties was coerced, or if it would be unconscionable.

Contact Our DuPage County Spousal Maintenance Lawyers Today

If you have been paying court-ordered alimony and now your or your ex-spouse’s circumstances have changed, contact us at Fay, Farrow & Associates, P.C. Our experienced alimony attorneys are here to carefully review your situation. We will determine if there is a valid reason to reduce or terminate, and if so, guide you through the process of petitioning the court for a modification.

Call us today at 630-961-0060 to schedule a free initial consultation.