Many people find that the amount of maintenance they are paying their ex-spouse that seemed reasonable during the divorce has now become a significant financial burden, or that it no longer seems fair. You may wonder, if you went back to court for a modification, whether you would be successful, or if it would be a waste of time. At Goldstein Law Offices, we often counsel people on when they may benefit from a maintenance modification request.

According to the Illinois General Assembly, there are a number of different circumstances that may prompt a change in the amount of maintenance you pay:

  • You or your former spouse has recently had an income or employment change (but this change was made in good faith, and not simply in order to affect the alimony payments)
  • Your former spouse is not making a reasonable effort to become self-supporting
  • You or your former spouse has suffered an injury or other impairment that affects current and future earning capacity
  • The tax consequences of the maintenance award are negatively and significantly affecting your finances
  • There has been a change in the value or status of the property that one of you received in the divorce award (such as the value of a retirement account)
  • The length of time you have been paying is unfair relative to the length of time your marriage lasted

The court does not limit you to the considerations on this list; any factor that affects your ability to pay or the fairness of the payments may be considered. More information about post-judgment maintenance modifications is available on our webpage.