Things Change. Jobs, income, needs. A common question that arises a few years after divorce is how to modify maintenance when something changes?
Most states have enacted similar laws regarding changes in circumstances as it relates to modifying maintenance. This article uses the Illinois statute to explain how to modify maintenance.
Can Maintenance Orders Be Modified in Illinois?
Yes, maintenance orders can be modified after the entry of the original order when there has been a change in circumstance.
Types of Changes That May Warrant Modification of Maintenance
Before learning how to modify maintenance, it is important to understand which types of changes in circumstance warrant modification. The following is a non-exhaustive list of legitimate and common changes in circumstances:
- Employment of either party
- Income of either party
- Ability to earn income of either party
- Disability or health issues
- Change in tax laws affecting maintenance
- Major changes in cost of living or needs
- Efforts by maintenance-receiving spouse to become self-supporting
- Cohabitation or remarriage of the receiving spouse
- Death of either spouse
If you discover that your ex-spouse remarried or is cohabitating with someone, or if either party dies, then the appropriate next step is not modification, but rather termination.
Learn more: How to Terminate Maintenance
Does Any Change in Circumstance Count?
No, the change must be both:
- Substantial
- Legitimate
The change in circumstances must be substantial. If a party changes jobs, but earns roughly the same income, then the court may not find the minor change to be significant enough to modify the maintenance order. The reason for this “substantial change” requirement is to avoid parties coming back to court over every little change.
For the change to be legitimate, the party must be able to prove to the court that the change occurred in good faith. For example, with respect to quitting or changing jobs, did the party quit or change jobs for the purpose of impacting maintenance payments or was there a good faith reason such as getting injured and no longer being able to do the job.
How to Modify Maintenance?
- File motion to modify maintenance
- Present proof to the judge of the substantial and legitimate change in circumstance.
The modification will not back date to the time that the change began. The modification only dates back to the date the party filed the motion to modify. The exceptions to this rule include death of either party and remarriage or cohabitation of the maintenance-receiving spouse.
If there has been a substantial and legitimate change in circumstances, you should contact your divorce lawyer immediately, work with your lawyer to gather the evidence supporting your position, and get the motion on file as soon as possible.
If you have any other questions about whether the change in circumstances is significant enough or would like to know more details about how to modify maintenance, contact the divorce lawyers at Koth Gregory & Nieminski today.
Published (revised): August 6, 2025
Disclaimer:
The intent of this Article (How To Modify Maintenance) is to provide general information. It should not be construed as legal advice. The Law Firm of Koth, Gregory & Nieminski, P.C. (KGN) does not represent or guarantee that the information in this Article is current.
The information is provided as is without any representation or warranty as to whether the information is current, applicability, reliability, merchantability, fitness, non-infringement, result, or any other matter. The existence of the Article, receipt of its information, and/or comments/questions do NOT create an attorney-client relationship between KGN or any of its attorneys.
Please do not send KGN any confidential material or information. Viewers of this Article should NOT act/refrain from acting based on information contained in this Article and KGN expressly disclaims all liability for actions/failures to act based on this Article.