Navigating Spousal Support Modifications: What You Need to Know

 Posted on June 27, 2025 in Divorce

Suppose you were awarded spousal support during your divorce, but now, several years later, there has been a significant change in your circumstances. Or, perhaps you are the paying spouse, and you have had a significant change in your circumstances that prevents you from continuing to pay spousal support.

You may even have evidence that your ex-spouse’s circumstances have significantly changed since the spousal support was awarded. If the receiving spouse just won a sizeable amount of money in the lottery, this change could potentially warrant a modification.

Regardless of your situation, it is important that you understand the legalities of spousal support modifications before asking the court to grant you a modification. Consulting with an experienced Wheaton, IL divorce attorney can help you obtain the necessary assistance for a modification.

Overview of Spousal Support in Illinois

Illinois law (750 ILCS 5/504) provides for temporary spousal support (known as "maintenance") while the divorce is ongoing. The judge can then award permanent spousal support, rehabilitative support, or reviewable support. There is a broad list of factors that the court will consider when determining spousal support. These factors include:

• The length of the marriage
• The age, health, educational level, and employability of each spouse
• The standard of living established during the marriage
• The property, including marital and non-marital assets of each spouse
• The earning capacity and the ability to become self-supporting for the spouse seeking maintenance
• The ability of the other spouse to pay maintenance

Once a judge determines that spousal support is warranted, alimony is calculated by using a specific equation (33.3 percent of the payer’s total monthly net income minus 25 percent of the receiver’s total monthly net income equals the amount of spousal support).

When Can Spousal Support Be Modified?

Spousal support can be modified when there is a "substantial change in circumstances." What qualifies as a substantial change in circumstances? The change can be physical, emotional, or financial, and includes such occurrences as:

• A significant change in income (i.e., the paying spouse lost his or her job, retired, or is unable to work because of an illness)
• Either spouse develops significant health issues.
• Either spouse has a significant change in financial needs or obligations.

What Is the Legal Process for Spousal Support Modification?

The attorney for the spouse asking for a modification of spousal support will file a petition in the judicial circuit where the divorce decree was entered. If neither party currently lives in the county where the divorce decree was entered, the attorney will ask the court to transfer the case to the county where one of the spouses lives. The party requesting the modification must have documentation and evidence to back up his or her claims.

If the parties are not able to come to an agreement regarding a spousal support modification, the judge will make that determination. If the substantial change in circumstances is temporary, then the modification may also be temporary. Otherwise, it will be considered permanent.

Are There Limits or Exceptions to Spousal Support Modification?

While some states have non-modifiable spousal support, Illinois courts cannot order non-modifiable maintenance. Non-modifiable spousal support only occurs in Illinois when both parties agree to it and ask the court to sign off. A prenuptial or postnuptial agreement may also have a bearing on whether spousal support can be modified.  

Contact a DuPage County Spousal Support Lawyer

If you believe your circumstances have changed in a substantial manner, speak to a knowledgeable Wheaton, IL spousal support attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. It is important that you act quickly and document all changes. MKFM Law serves family law clients at its offices in Kane County, DuPage County, and DeKalb County. Call 630-665-7300 to schedule your initial attorney meeting.