Four Things That Could End Spousal Maintenance in Illinois

 Posted on November 22, 2022 in Kane

If you are getting or have already gotten divorced in Illinois, chances are that you are receiving or paying spousal maintenance payments. Also known as alimony or spousal support, spousal maintenance is less common than it used to be but is still common enough that it is important to be aware of the laws that regulate this area of family law. One of the questions that spouses frequently have after divorce, whether they are making or receiving alimony, is whether certain actions or events could cause alimony to end. Like most legal issues, the answer in a specific case is, “It depends.” Read on to learn more. 

What Can End Alimony Payments? 

The most common reason that spousal maintenance payments terminate is that the court order requiring one spouse to make payments comes to an end. While the court order for spousal maintenance is renewable or fixed, it has a firm or potential end date. It is important to not stop making payments without a court’s explicit permission. 

The second most common reason for terminating spousal maintenance payments is that the receiving spouse gets married or begins living with a new partner in a conjugal relationship (living with a romantic partner, as opposed to living with a roommate or family member). The spouse getting married or cohabitating is responsible for informing the paying spouse about the change in arrangements and can face serious court penalties for failing to do so in a timely manner. 

The third most common reason that payments end is because of the death of the paying or receiving spouse. However, the paying spouse’s death does not automatically end spousal maintenance in every case; some divorcing couples secure maintenance payments using the paying spouse’s life insurance policy, so the recipient can continue receiving payments even after the payor passes away. 

The final reason that spousal maintenance may be terminated is through a substantial change in circumstances on the part of either the recipient or the payor, although usually the payor is the one who petitions to terminate support payments. If a payor is at risk of becoming insolvent through no fault of their own (such as job loss or disability), the court may order spousal maintenance payments to be terminated. 

Contact a Kane County Alimony Lawyer

Whether you are paying or receiving spousal maintenance, it is important to know the things that could cause it to end. To petition a court to terminate spousal maintenance payments or to fight a wrongful attempt at termination, call the St. Charles, IL spousal maintenance attorneys with Mirabella, Kincaid, Frederick & Mirabella, LLC today at 630-665-7300. In certain cases, we offer free consultations, and we always offer our clients the best service and legal advice. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000