Maintenance (Alimony) Modifications in DuPage County

 Posted on September 10, 2026 in Spousal Maintenance

When an Illinois court awards spousal maintenance, commonly known as alimony or spousal support, the amount and length of the award are based on the spouses' circumstances at the time. However, finances can change significantly after a divorce. A job loss or another major life change may leave you with a maintenance order that no longerl makes sense.

In Illinois, a maintenance order can be modified when there has been a substantial change in circumstances. Whether you pay or receive maintenance, a DuPage County, IL spousal maintenance attorney can review your current order and determine whether you have grounds to request a change in 2026.

What Types of Spousal Maintenance Are Available in Illinois?

Under 750 ILCS 5/504, the court considers several factors when deciding whether maintenance should be awarded, including the length of the marriage. The type and duration of maintenance awarded during a divorce can affect what happens after the marriage ends. Illinois law currently recognizes fixed-term, indefinite, and reviewable maintenance.

Fixed-term maintenance has a set termination date. This type of maintenance can give a spouse time to become financially independent after leaving the workforce or putting a career on hold during the marriage.

Indefinite maintenance does not have a set termination date. Reviewable maintenance, on the other hand, allows the court to review the award after a specified period. For example, the court might later consider whether the recipient has taken reasonable steps toward becoming financially independent.

When Can You Modify Spousal Maintenance in Illinois?

If maintenance is modifiable under the terms of the divorce judgment, either the person paying maintenance or the person receiving it can ask the court for a modification. According to 750 ILCS 5/510, an Illinois maintenance order can be modified or terminated when there has been a substantial change in circumstances.

When deciding whether a change is appropriate, the court can consider factors such as:

• Changes in either person's employment and whether an employment change was made in good faith

• Efforts by the person receiving maintenance to become self-supporting

• Changes in either person's income since the current maintenance order was entered

• An increase or decrease in either person's property

• The length of time that maintenance has already been paid compared with the length of the marriage

The court can also consider the factors used when maintenance was first awarded. Since no single factor decides every case, a change in finances does not automatically mean that a maintenance order will be increased or reduced.

Can You Modify Maintenance if You Lose Your Job in Illinois?

Losing your job may support a request to modify maintenance. But unemployment does not automatically lower your payments. The court will look at why your employment changed. They’re specifically looking for whether the change was made in good faith.

An unexpected layoff, for example, is different from voluntarily leaving a well-paying position in an attempt to reduce a maintenance obligation. The court can also consider your current income and efforts to find new employment.

Changes involving the person receiving maintenance matter as well. If the recipient's income increases significantly, the paying spouse may have grounds to ask the court to review the existing award.

If you’re paying and can no longer afford your payments, do not simply reduce or stop them on your own. A maintenance change can apply to payments due after the other party is notified of the request to modify maintenance. This makes it important to seek legal guidance soon after your financial situation changes.

Can Spousal Maintenance Increase After an Illinois Divorce?

A maintenance modification does not always mean reducing the amount paid. The person receiving maintenance may also ask the court for an increase after a substantial change in circumstances.

One possibility is that the recipient could experience a serious change in earning ability while the paying spouse's financial position has improved. The court would need to consider the circumstances before deciding whether an increase is justified.

A higher income for the paying spouse alone does not necessarily guarantee an increase. The court reviews the relevant statutory factors and the financial situation of both parties when deciding whether the existing maintenance order should change.

When Does Spousal Maintenance End in Illinois?

Some events can terminate maintenance rather than simply change the amount. Under Illinois law, the obligation to pay future maintenance ends if either former spouse dies. It also ends if the person receiving maintenance remarries.

Maintenance can also end if the person receiving it lives with a new partner in a marriage-like relationship. Whether a relationship meets this legal standard can be disputed.

The terms of the divorce agreement can also affect when maintenance ends. If you believe your former spouse's remarriage or new relationship affects your payments, speak with an attorney before stopping them.

How Does an Illinois Court Decide a New Maintenance Amount During Modification?

If the court finds a substantial change in circumstances, it can reconsider the amount of maintenance based on the parties' current financial situations. The judge may look at changes in income, employment, property, and the recipient's ability to support themselves.

The court can also consider how long maintenance has already been paid, how much longer it is scheduled to continue, and the factors used when maintenance was first awarded.

In a contested case, Illinois law requires the court to explain the reasons for the modification and make findings about the amount, type, and duration of the new maintenance award.

Contact a Naperville, IL Spousal Maintenance Lawyer

A significant financial change after divorce can affect your ability to pay maintenance or your need to continue receiving it. Before changing payments yourself, find out whether your circumstances support a modification under Illinois law.

Attorney Don Pesce has almost two decades of legal experience representing clients in Illinois family law matters. Contact the DuPage County, IL family law attorneys at Pesce Law Group, P.C. or call 630-352-2240 to schedule a free consultation about modifying or terminating spousal maintenance.