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Alimony Archives

Contesting a Request for Spousal Maintenance

Several matters can create contention in divorce, but few can spark as much fear and emotion as spousal maintenance. On the one hand, you have a spouse that feels they are entitled to support. On the other, you have a spouse that feels they either should not or cannot pay the amount of support requested. Who is correct, and how does a judge decide? The following explains, and it provides details on how you can contest a request for spousal maintenance. 

Should You Pursue Alimony (Spousal Support) in Your Divorce?

While not all divorces include a provision of alimony, those who are eligible may struggle with deciding whether or not they should pursue it. These feelings can arise for any number of reasons, including uncertainty over how the process works. If you are in the process of divorce and feeling conflicted about your right to alimony, the following information may be able to help. 

Navigating Alimony Negotiation

The subject of alimony (spousal maintenance) can be a touchy one for couples entering the divorce process. It is common for a spouse to request alimony following the dissolution of marriage, but the definition and parameters of alimony can vary and are sometimes difficult to determine. This is often due to differing opinions and disagreements between spouses when it comes time to settle the details. 

Can I Change or Terminate My Spousal Maintenance Obligation Under Illinois Law?

Under Illinois law, you can modify or terminate your maintenance obligation only upon a showing of a substantial change in circumstances. Additionally, the court must consider a number of different factors in determination as to whether a modification or termination of maintenance is appropriate in your case. There also a few situations in which a maintenance obligation automatically terminates without a showing of a substantial change in circumstances. 

Modifying Spousal Maintenance in Illinois

As part of a final divorce decree a judge may awardspousal maintenance. However, that order may not be the final word on the matter. Both sides may be able to come back to the court to ask for a modification of the original order. 

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The Stogsdill Law Firm, P.C.
1776 S. Naperville Road - Building B, Suite 202
Wheaton, IL 60189

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