Can I Get Out of Paying Spousal Support in Illinois?

 Posted on November 19, 2024 in Illinois Divorce

An order for spousal support (commonly referred to as alimony) can have lasting implications for your financial situation. On top of that, once you have been ordered to pay spousal maintenance, it can be very difficult to get out of it.

While your options may be limited, understanding your legal recourse for alimony payments could save you long-term stress. An experienced Illinois family law attorney can provide you with guidance and aggressive representation during and after a divorce, giving you a real voice in negotiations.

Case 1 - Stick With It

The simplest solution and the path of least resistance is to simply make your alimony payments on time until spousal support is terminated. It is exceedingly rare for a judge to order indefinite spousal support, and it usually only happens for marriages that have lasted at least twenty years.

If your marriage lasted five years or less, you may only be responsible for a year’s worth or less of alimony payments. If your circumstances change and you are no longer able to afford to pay regular spousal support, you can request a modification to the terms as long as the request is made in good faith.

Case 2 - Your Ex Remarries

If your former spouse remarries while maintenance is ongoing, any spousal support you pay to him or her is terminated. The recipient spouse must notify you of the marriage, and afterward, you can file a motion to terminate maintenance.

Case 3 - Your Ex Moves In With Someone Else

Similar to the stipulation about marriage, if your former spouse cohabitates with a new partner, you are no longer obligated to keep paying spousal support. That being said, there is still a burden of proof to establish cohabitation.

In a motion to terminate spousal support on these grounds, a judge will consider the length of the new relationship, how much of the couple’s assets are shared (commingled), how much time the couple spends together under a shared roof, and if mortgage payments are involved. The judge essentially decides if the relationship is similar enough to a marriage before deciding whether to terminate spousal support payments.

Case 4 - Spousal Support is No Longer Appropriate

In many cases, spousal support payments are intended to help the recipient reach self-sufficiency. Unfortunately, it is not unheard of for spouses to take advantage of the continuous payments and make no earnest effort to become independent. In these cases, a judge may rule in favor of the paying spouse to terminate maintenance.

Alternatively, the recipient spouse might succeed in truly becoming self-sufficient. If your ex-spouse’s financial circumstances change to a point where his or her income is equal to yours, the court may deem it appropriate to modify the order for spousal support.

Meet with a Kane County, IL Divorce Attorney Today

If you feel overwhelmed by spousal support payments and have no idea where to turn, a St. Charles, IL divorce lawyer at Weiler & Associates, Inc. can help you navigate the challenges of adjusting to single life and advocate on your behalf before the courts. Call us at 630-331-9110 to schedule a consultation.