Did you know that nearly 1.87 million people divorced in the United States over the course of the 12 months before being surveyed, according to Census Bureau statistics from 2024? This estimate consists of roughly 881,775 men and 986,810 women.
These cases may also include some sort of alimony. Also known as spousal support, alimony is supposed to offer some help to a spouse post-divorce. Since alimony supports the financially disadvantaged partner, complying with it can become frustrating when both partners have varying circumstances.
Courts in some states have the power to make changes to alimony orders based on major changes in circumstances. The changes must be justified by facts and circumstances. Some of the reasons to modify an alimony order are job loss, changes in income, retirement, or a change in the financially responsible party’s economic status.
Some agreements may restrict modifications, and certain support obligations may end under specific conditions. Spouses who are looking to change their existing support orders can turn to spousal support lawyer Erin E. Walsh, who handles family law cases for clients in Winnebago County, Boone County, and the surrounding areas.
Here’s a detailed look at the circumstances that may justify a spousal support modification.
The Bar Is Higher Than Most People Expect
In Illinois, spousal support is legally known as maintenance. A party requesting an adjustment or termination of maintenance under Section 5/510 of the Illinois Marriage and Dissolution of Marriage Act must show a “substantial change in circumstances.” This must go beyond what can be characterized as a mere “change in circumstances.”
Once a party clears that threshold, the statute lists what the court weighs. The list covers whether either spouse’s employment status shifted and whether that shift happened in good faith.
Included in the evaluation are the supported spouse’s efforts toward financial self-sufficiency, any impairment of earning capacity, the tax consequences of the payments, the duration of payments made and remaining compared with the length of the marriage, the property each party received, and any increase or decrease in each party’s income since the last order.
Timing matters too. An Illinois modification reaches back only to installments that came due after the moving party gave notice of the motion. A payer who loses a job in March and waits until October to file typically cannot erase the months in between.
California Uses a Similar Test
Coastal California courts field the same kinds of requests. According to the Santa Barbara family law firm website https://drurypullenlaw.com/, the court can address spousal support once an action for dissolution of marriage or legal separation has been filed.
The California courts’ self-help guide on adjusting long-term spousal support says a party can ask the court to revisit an order when something substantial about their financial situation shifts after the divorce becomes final.
The guide describes two routes. One option is that the partners agree on an arrangement and submit a written agreement for a judge to sign. Alternatively, one of the partners can file a Request for Order on their own, along with the Income and Expense Declaration.
When making its determination, the court applies the Family Code 4320 factors that guided the court’s decision to order support originally. In California, a change can only go back as far as the date the request was filed with the court.
Events That Usually End Payments Outright
Some developments do more than trim a monthly figure. According to Illinois state law, the paying party’s obligation to provide maintenance stops upon the death of either spouse, the receiving spouse getting married, or the receiving spouse living with another individual in a romantic, marriage-like relationship.
In Illinois, a spouse who receives spousal maintenance must give the spouse paying support notice of an impending remarriage at least 30 days beforehand. If the decision to remarry occurs during those 30 days, the notice must be given within 72 hours of the marriage. In California, spousal support usually ends when either spouse dies or when the supported spouse remarries.
A paying spouse can show that the recipient’s new relationship resembles marriage by giving proof of shared household budget, joint bank accounts, and a joint lease. Showing that the recipient’s social activities with a new partner resemble couple activities also counts.
Requests That Typically Stall
Self-inflicted reductions in income get close scrutiny. An individual who voluntarily leaves a lucrative job in favor of an inferior one will certainly face scrutiny with regard to good faith, according to the Illinois criteria. Temporary hardships also face skepticism from a court, since a judge needs evidence of the permanence of the current financial situation.
Incomplete documentation is the major obstacle to the successful submission of any case. Proof of hardships in terms of tax documents, pay stubs, medical invoices, and other evidence carries much greater weight than mere hardships claimed. The exact language of the original judgment must be thoroughly reviewed before filing anything, since the ruling is the document that governs both parties.
Spousal support orders are determined by the financial circumstances of both partners when the order is made. When financial circumstances change, both Illinois and California allow the court to reconsider the spousal support orders. These modifications can typically reach back only to the filing of the request. Illinois also requires notice of the filing, so any adjustments must be raised quickly.








