Spousal maintenance is different from child support. Spousal maintenance payments are usually made on a monthly basis by either spouse per their divorce agreement. It is difficult to seek modifications to both the divorce deed, and spousal maintenance unless there are substantial changes in circumstances. Spousal maintenance is granted dependent upon the needs of either party, their current and future income, the duration of marriage and status of homemaker, any tax consequences, arbitrary agreements, and future medical and standard of living needs of an ex-spouse. As per the recent changes to the Illinois Marriage and Dissolution of Marriage Act, the payer is responsible for recipient taxation, and the spousal maintenance is not tax-deductible. Under changing conditions, a skilled family law attorney can help seek modifications.
However, there can be changes in certain circumstances, which might make it difficult for a party to honor their commitments to spousal maintenance, leading to a possible modification under the precedents set by the Illinois Marriage and Dissolution of Marriage Act.
Possible Change in Financial Conditions
It is likely there will be an unexpected change to an individual’s current financial. Spousal conditions may change if an individual’s changes are substantial, which may result in the inability of the party to honor their own tax payments, loans, medical bills and living costs. A change in circumstance can be due to a loss of job, retirement, medical emergency, temporary or permeant disability, and relocation. To seek any spousal modifications, both parties need to present evidence about changes in their circumstances.
Modification through an Escalator Clause
An escalator clause is usually part of the initial divorce agreement, leading to an increase or modification in spousal maintenance if the payer’s income has proportionally increased. It is an automatic clause that can increase the maintenance payments. However, modification can be sought even if it wasn’t part of the divorce agreement.
Cohabitation and Remarriage
A payer of spousal maintenance can seek a modification if the recipient is part of cohabitation and living under a conjugal relationship, or has remarried. In case of a remarriage, the recipient is obligated to inform the payer about the marriage 30 days prior. It will terminate the spousal maintenance.
If you want to find out more about this subject or wish to schedule a free consultation session with an experienced family, and real estate planning lawyer, we suggest you contact Fitzgerald Law Firm by calling at (630) 946-6060.