After a divorce, the financial circumstances of both former spouses can change dramatically from their married life. During the divorce process, various factors go into determining whether one spouse will receive financial support from the other after the divorce is finalized. Factors considered by the court to determine whether spousal maintenance, also known as spousal support or alimony, will be awarded, include each spouse’s income, financial needs, present and future earning capacity, age, health, job skills, and the accustomed standard of living during the marriage. The length and amount of maintenance are based on both spouses’ income and how long they were married. The final payment terms are set forth in the final divorce decree. However, there are certain qualifying events that will bring an end to any spousal maintenance payments.
Changes That Will End Spousal Support in Illinois
Among the notable events that will end spousal support payments is when the ex-spouse who is receiving the payments gets remarried or begins cohabitating with another partner, unless the spouses agreed otherwise in their final divorce agreement. The support terminates on the date of the remarriage or cohabitation, and the paying spouse does not need to go to court to get the payments stopped. The receiving spouse must provide at least 30 days’ notification before the marriage. However, the paying spouse is still responsible for any payments due.
If the paying spouse gets remarried, it does not have an effect on the support obligation. However, if the payor now has another family to support, that may be taken into account by the court if he or she seeks a modification to the payments.
Other factors which can lead to the end of spousal support include:
- Either spouse has a significant increase or decrease in their income
- The paying spouse suffers an injury or disability that impacts their ability to earn an income
- The receiving spouse begins to earn an income that allows them to support themselves
Under these factors, one of the ex-spouses must file a motion with the court and make their case for modifying or terminating the payments. Payments must continue until a new order is received from the judge.
Contact a Hinsdale Spousal Support Attorney
No matter whether you are paying or receiving spousal support, the DuPage County divorce attorneys at Botti Marinaccio, LTD., will strongly represent your interests. We are experienced in complex and high-conflict divorce cases and will advocate for your interests in court. To schedule your initial consultation, call us today at 630-575-8585.