Four Things That Could End Spousal Maintenance in Illinois

 Posted on October 01, 2026 in Family Law

Illinois law provides several ways that court ordered spousal maintenance can come to an end. A new relationship or another major life change can raise questions. Some events end future payments, while other changes require a new court order. If you have questions about ending maintenance in 2026, our Kane County, IL divorce attorneys can explain how the law applies to your situation.

Can Spousal Maintenance Have a Set End Date in Illinois?

Under 750 ILCS 5/504, Illinois courts can order fixed-term, indefinite, or reviewable maintenance. A court can also reserve the issue for a later date.

Fixed-term maintenance ends when the period set by the court expires. The person receiving support cannot ask the court to extend maintenance after that date. Indefinite maintenance does not have a set end date. It continues until an event ends the obligation or the court changes the order.

Reviewable maintenance works differently. The court sets the payments for a period of time and then reviews the situation again. At the review, the court can extend or end maintenance.

Does Remarriage or Cohabitation End Spousal Maintenance in Illinois?

Remarriage ends the right to receive future maintenance unless the former spouses have an agreement or court order that says otherwise. Illinois law also requires a person receiving maintenance to give the paying former spouse at least 30 days' notice of an intended remarriage. If the decision to marry is made less than 30 days beforehand, notice must be given within 72 hours after the marriage.

Cohabitation can end maintenance as well, but a new dating relationship alone does not end payments. Under 750 ILCS 5/510, maintenance ends when the recipient lives with another person on what the law calls a "resident, continuing conjugal basis."

A court looks at the relationship to decide whether it meets that standard. Sharing a home can be important, but the court can also look at how the couple spends time together and whether they share expenses. The length of the relationship is also relevant.

This means a paying spouse should not stop making maintenance payments simply because an ex has started dating someone. If there is evidence of cohabitation, the paying spouse can ask the court to determine whether the maintenance obligation has ended.

Does Spousal Maintenance End When a Former Spouse Dies?

The death of either former spouse generally ends the obligation to pay future maintenance. A written agreement or the divorce judgment can provide different terms.

The end of maintenance does not always resolve every financial issue connected to the divorce. Life insurance is one example. A divorce judgment can require a spouse to maintain life insurance to secure support or other obligations.

For this reason, the surviving former spouse should review the divorce judgment before assuming that every financial right ended with the death. Maintenance payments and life insurance benefits are separate issues.

Can a Major Financial Change End Spousal Maintenance in Illinois?

A substantial change in circumstances can give a former spouse grounds to ask the court to modify or end maintenance. A financial change by itself does not erase an existing maintenance order.

Job loss is one example. A paying spouse who loses a job can ask the court to review the maintenance obligation. The court can consider why the person lost the job and whether the change in income is temporary or long-term.

Other changes can also lead to a request to modify or end maintenance. These can include:

• A large increase or decrease in income
• A health problem that limits a person's ability to work
• Retirement
• A major change in either former spouse's financial needs

A paying spouse should continue following the existing order while asking the court for a change. Stopping payments without legal grounds can create unpaid maintenance and lead to an enforcement case.

Contact a Kane County, IL Spousal Maintenance Lawyer Today

A major change in your life or your former spouse's circumstances can affect an existing maintenance obligation. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our attorneys can review your divorce judgment and explain the steps involved in seeking or challenging the end of maintenance.

Contact our St. Charles, IL spousal maintenance attorneys or call 630-665-7300 to schedule an initial attorney meeting. MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb Counties.