Is There a Time Limit to Request Alimony After Divorce Is Finalized in Illinois?

Individuals may feel relieved after their Illinois divorce is officially finalized. Oftentimes, individuals must learn to adjust to various aspects decided upon during divorce proceedings, which may include living arrangements and financial responsibilities. While adjusting to financial obligations, people may find that they need further financial support than what was decided upon in court. In addition, many people have questions about alimony payments and whether or not there is a time limit to request alimony after the divorce is finalized in Illinois. At Women’s Divorce & Family Law Group by Haid and Teich, LLP, we’re here to help explain alimony requests in Illinois and how our services can help during this time. 

What is Alimony?

Alimony, also referred to as spousal maintenance in Illinois, is a legal requirement assigned to a spouse in some divorce cases. The spouse is required to make continual financial payments in order to help the other spouse with any financial burdens that may have occurred as a result of the divorce. The amount of alimony that an individual will be required to pay varies by each case and is dependent on the needs of the spouse. Oftentimes, a judge will assign alimony requirements during divorce proceedings, so a spouse knows when and how much needs to be paid after the divorce. These payments can help a spouse with any financial needs, such as house payments. Additionally, alimony is separate from child support, and the court will determine if a spouse needs to pay child support as well.

Can I Request Alimony After My Divorce Is Finalized?

There are many reasons why an individual may want to request alimony after a finalized divorce, and Illinois does allow for some adjustment after this time. There are cases where alimony payments will automatically stop without an individual requesting it. These cases include:

1. The spouse receiving support has begun living with another individual who they are interdependent with. Typically, this means that both individuals financially support one another. 
2. The spouse receiving support has remarried to another person. 
3. Either the supported spouse or the supporting spouse has passed away. 

If any of these situations don’t apply to an individual, they can request a modification to their alimony payments. A spouse may petition the court if they can prove that there is a reason to change their current alimony payments. Some ways that an individual can prove that a modification is necessary can include but are not limited to:

• A Change in Employment

If an individual can prove that their employment status affects alimony payments, the court may modify the support. For example, if the supporting spouse loses their job, the court may find it necessary to adjust spousal maintenance. 

• Misuse of Spousal Support From the Receiving Spouse

If the receiving spouse is misusing alimony payments, including showing that they aren’t attempting to support themselves, the court may adjust or stop payments. 

• Income Change

If an individual has had significant changes to the amount of income they receive, whether an increase or decrease, the court may change support payments. 

Contact Our Team Today

If you have questions about alimony in Illinois, contact our team today. We look forward to hearing from you soon.