Is It Possible to Obtain a Spousal Support Modification?

 Posted on October 26, 2026 in Spousal Maintenance

Since spousal support – also known as alimony or spousal maintenance – is typically a controversial issue during a divorce, if the receiving spouse asks for an increase or the paying spouse asks that the amount be decreased later on, the issue can get even more contentious. Unless an Illinois divorce order states that the awarded spousal support is non-modifiable, there are circumstances under which it can be later modified.

The modification of spousal support is covered under 750 ILCS 5/510. If your ex is asking for an increase in support or you, as the paying spouse, need to request that the amount be lowered, it is time to speak to an experienced Will County, IL family law attorney. At Law Office of Ronald L. Hendrix, P.C., we have decades of experience in divorce law, and we know how to handle post-decree modification requests.

What if the Paying Spouse Wants to Reduce Spousal Support?

Whether an individual is asking for spousal support to be increased, reduced, or terminated, there must be a "substantial change in circumstances" for a judge to consider a modification. Most spousal support awards have a set period of time. When this time is up, or if the receiving spouse remarries, the order will likely end. The death of either spouse will also terminate a spousal support order.

Under certain circumstances, the order might be subject to review if the time is up.  However, an extension would be unlikely if the receiving spouse no longer needs spousal support to survive or the paying spouse can no longer afford spousal support. Before the set period of time has ended, if the paying spouse has fallen on hard financial times, then he or she may ask the court to lower the spousal support payments. This might happen if the paying spouse loses his or her job, retires, or becomes ill and unable to work.  

If the time is not up, but the paying spouse believes the receiving spouse is doing well financially and no longer needs the spousal support, he or she could ask the court to terminate it. It is up to the paying spouse who wants spousal support lowered or terminated to show the court that a substantial change in circumstances has occurred. If that can be done, then the court may agree to lower or terminate the ordered spousal support.

What if the Receiving Spouse Wants an Increase in Spousal Support?

It is generally more difficult for a receiving spouse to get the court to agree to an increase in spousal support. Again, the receiving spouse would have to show a substantial change in circumstances, but in conjunction with that, the paying spouse would have to have the financial resources to increase spousal support payments.

In this situation, a substantial change in circumstances might include an illness that keeps the receiving spouse from working and making a living or the loss of a job with few other job prospects. In general, the court expects a spouse receiving spousal support to make a good-faith effort to support themselves. The exception to this would be for a receiving spouse from a long marriage who had little opportunity to gain education and work opportunities.  

How Long Does a Spousal Support Award Last in Illinois?

In Illinois, the length of a spousal support award is often tied to the length of the marriage. The judge takes the number of years the couple was married and multiplies it by a set percentage. The marriage is measured from the wedding date to the date the divorce case was filed.

The percentage goes up in increments as the marriage gets longer. For a marriage of less than five years, the multiplier is 0.20. After the five-year mark, the percentage increases each year. For a 10-year marriage, the multiplier increases to .44. For marriages of 20 years or more, the judge may order support for a period equal to the length of the marriage or for an indefinite period.

These guidelines do not apply to every case. A judge may set a different length if the formula would be unfair.

Are Informal Changes to Spousal Support Enforceable in 2026?

Informal changes to spousal support are generally not enforceable in Illinois. Some former spouses agree to lower payments over a phone call or text message. However, the court order stays in effect until a judge officially changes it.

If the paying spouse sends less money than the order requires, the unpaid amount can build up. The receiving spouse could later ask the court to collect the full balance. Past-due support can carry interest, and the paying spouse may face penalties. A side deal usually will not protect the paying spouse.

A court-ordered change usually applies only from the date the other spouse received notice of the request. Any agreement should be put in writing and approved by a judge.

What Happens at a Hearing to Modify Alimony?

A hearing to modify alimony gives both spouses a chance to tell their side to a judge. First, one spouse files a petition with the court and serves the other spouse. Before the hearing, both sides usually complete financial affidavits. These forms list income, expenses, assets, and debts. Each spouse may also trade tax returns, pay stubs, and bank records.

At the hearing, each side can present evidence and call witnesses. A spouse may testify about a job loss, a health problem, or a new living arrangement. The judge will look at many of the same factors used in the original award. These include each spouse’s income, needs, and ability to work. The judge may also consider whether the paying spouse made good-faith efforts to find work and how long support has already been paid.

Contact a DuPage County, IL Divorce Lawyer

While changes in financial circumstances happen frequently, asking for a modification of spousal support will require solid proof of these changes. It can be beneficial to speak to a Naperville, IL spousal support modification attorney from the Law Office of Ronald L. Hendrix, P.C. who can help you request a modification or can fight a request for modification on your behalf. 

In addition to his law degree, Attorney Hendrix has a master’s degree in guidance and counseling and is a court-appointed mediator. Call 630-355-7776 to schedule your free consultation.