The outcome of a divorce decree is legally binding on both parties, and there are consequences for failing to adhere to the terms of the order. However, circumstances change, and people may find themselves unwilling or unable to abide by the terms of their divorce order or may believe their spouse is violating the terms. For example, your former spouse may not pay the required amount of child support, or you may need to move out of state and will require a change in your shared parental responsibilities. 

If you find yourself in this situation, you can take action. Although some things, such as property division, are finalized and highly unlikely to change following a divorce decree, other things can change. 

Which Issues Can Be Modified? 

• Child support is one of the most commonly modified parts of a divorce decree. Typically, the change in a parent’s income must be substantial to modify the required child support payments. A change in a child’s needs may also require a change in child support payments. For example, if a child is diagnosed with a learning disability and requires extensive educational support, a parent’s child support payments may be modified to reflect the new expenses. 

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The years after a divorce can be a difficult transition period for many people. You may still be tied to your former spouse through elements of your divorce order, while at the same time trying to move forward with your life. Often, your past and future can influence each other in complicated ways, including when it comes to the legal terms of your divorce resolution. One situation to pay close attention to is starting a new romantic relationship during an active spousal support order.

Effects on the Spouse Who Receives Support

In Illinois, spousal support orders usually last for a limited time, so as the receiving spouse, you will need to prepare for the payments to end eventually. However, a new romantic relationship can lead to the end of spousal maintenance sooner than you expect. Spousal support will not end simply because you start dating new people, or even because you enter a committed relationship with someone new. However, if the court determines that you are in a cohabiting relationship, the maintenance order can be terminated effective on the date the cohabitation began.

Defining a cohabiting relationship can be complicated, but in general, the court will consider things like the length of the relationship; the amount of time the partners spend together, including overnight stays; how they spend that time together; and whether they share property, expenses, or joint financial accounts. If the partners legally marry, the case becomes much more straightforward, and maintenance obligations will end on the date of marriage.

The words “alimony” and “spousal support” may conjure visions of ugly court battles in which each spouse tries to get the better of the other, but in reality, this often does not have to be the case. If you and your spouse are willing to cooperate, it is possible to reach a mutual agreement on spousal support without requiring a trial at all. If you are concerned about your ability to support yourself financially after your divorce, it may be in your best interest to negotiate with your spouse to establish a maintenance arrangement that meets your needs.

Suggestions for Successful Spousal Maintenance Negotiations

As you prepare to approach a negotiation with your spouse on the subject of spousal support, here are some tips that may help you succeed:

Once your divorce is finalized, it is important to recognize that the terms ordered or approved in court are legally binding and that there can be significant consequences if you fail to follow them. However, this does not necessarily mean that you are forever trapped by an agreement that puts you at a disadvantage, especially if your situation has changed significantly since your divorce. When circumstances call for it, you can pursue a legal modification to your divorce decree that considers your current state of affairs.

Reasons for a Divorce Decree Modification

The most common elements of a divorce decree that can be modified are spousal support, child support, and the allocation of parenting time and parental responsibilities. There are a number of possible situations in which a modification may be necessary or beneficial, including:

Under any circumstances, divorce can put a financial strain on couples as they prepare to divide their assets. This aspect of the divorce process may be even more difficult during the COVID-19 pandemic, a time when property valuations can suffer due to the struggling economy and many people are concerned about job security. However, with the assistance of a skilled divorce attorney and the willingness to explore alternative solutions, you may be able to reach an agreement that protects both spouses from excessive financial hardship.

How Are Assets Divided in an Illinois Divorce?

Under Illinois law, most assets acquired by either spouse throughout the course of the marriage are usually considered marital property. During a divorce, marital property is to be distributed equitably, meaning that the division is usually not 50/50 but instead based on factors including the length of the marriage, the terms of any prenuptial or postnuptial agreement, child custody arrangements, and each spouse’s contributions to the acquisition of marital property. Each spouse’s health, financial situation, and earning potential are also considered, meaning that if one spouse has been impacted more severely by COVID-19, assets may be distributed accordingly.

Mental illness can manifest itself in many different forms, including depression, anxiety, or schizophrenia. Some of these conditions are recognizable while others are harder to detect. Studies show that nearly half of American adults will experience a mental illness during their lifetime. In many cases, these conditions can cause the breakdown of a marriage. The emotional upheaval that a divorce causes can be challenging for anyone to go through, but when one spouse has mental health issues, legally ending a marriage can be even more intimidating. Although Illinois courts do not consider fault in a divorce, it will weigh several factors when determining certain marital issues such as child custody or dividing assets and property. The mental well-being of one spouse may impact the outcomes since a judge will consider what is in the best interest of the children.   

Practical Steps to Protect Yourself

The stress of a divorce can escalate the symptoms of mental illness. For example, a person who suffers from depression may become suicidal at the news that his or her spouse has filed for divorce. In other situations, a mentally ill person can become violent toward his or her spouse or children in response to the marriage dissolving. In certain cases, Illinois courts may terminate parental rights when a parent is mentally ill is unable to perform basic parental duties. 

A divorce can impact all areas of a person’s life, from physically separating to breaking apart emotionally and financially. Once the decision to divorce has been made, a couple may think the hard part is over. However, the legal process of ending a marriage raises many new queries that need to be resolved. For example, how will property and assets be divided? If children are involved, who will be awarded the allocation of parental responsibilities and who will pay child support? What are the tax implications, especially when it comes time to file your taxes? With tax season upon us, it is important to be prepared by considering the tax consequences when you get divorced in order to protect your financial future.   

Tax Implications of Divorce

Even if you or your spouse has filed the divorce petition, if you are still married as of December 31 of that given year, you have the option to file jointly for that year’s tax return. Until a divorce decree has officially been issued, you are married in the eyes of the law. However, once your divorce is final, each party has the option to claim as Single or Head of Household. The right choice for your situation will depend on your specific circumstances, and it is advisable that you speak with a tax professional.

If you have children together, the parent with the majority of the parental responsibility typically files as head of household, and the tax exemption or credit for the children usually goes to this parent. In some scenarios, parents can split tax exemptions using IRS form 8332, which means the custodial parent allows the other parent to claim a child on his or her taxes. Parents can also claim a tax credit for each dependent who is under the age of 17. There are also other credits for contributions to education and childcare.

The end of a marriage can be devastating for many reasons. Life after divorce can seem daunting, especially the thought of starting over again. There are many things to resolve, such as how to divide marital property or assets, allocation of parental responsibilities, as well as child support or spousal support. Formerly known in Illinois as “alimony,” spousal support or maintenance may be awarded to one of the spouses in a divorce depending on the situation. However, although the amount set during the divorce proceedings may be appropriate at the time, a significant change in circumstances may call for an amendment to a spousal support order. 

How is Spousal Maintenance Distributed?

The reason for spousal maintenance in any divorce is to assist a financially dependent spouse who does not have the income or means to be self-supporting post-divorce. This is typically a stay-at-home parent who did not work outside the home while raising children. In some scenarios, a couple may agree to the amount and how often payments will be dispersed. If a couple cannot agree, they will have to go to court and a judge will determine how it should be distributed.

Depending on the terms of the divorce decree, spousal support payments can take various forms:

In a divorce case, the court may award spousal maintenance (previously known in Illinois as alimony) to mitigate the economic impact of the separation for a lower-earning spouse. A spouse who has decided to forego a career in order to take care of their family or who earns a significantly lower income than their partner will likely be at a disadvantage following divorce as they build job skills to support themselves. Maintenance exists to help with that situation. 

Understanding Maintenance Terminology

If you are considering divorce or are in the process of obtaining a divorce from your spouse, there are a few terms relating to maintenance that are helpful to know:

• Fixed-term maintenance - This type of maintenance is designated to end after a certain period of time, which the court will determine based on the length of the marriage. It is intended for marriages of less than 10 years. After the maintenance term ends, the receiving spouse is barred from pursuing further maintenance, and the spouse who was awarded the maintenance will have to be self-sustaining. This type of maintenance is intended to prevent repeated cases in court in which couples fight over the amount of maintenance and how long it will be paid.
• Indefinite maintenance - This is maintenance that is awarded for an undetermined period of time and does not have a termination date set by the court. Indefinite maintenance continues until it is modified or terminated because of a change in circumstances for one or both individuals. It is most often awarded when a marriage has lasted longer than 20 years. 
• Reviewable maintenance - In these cases, the court awards maintenance for a fixed period of time, but after that time, the court may review the couple’s circumstances to determine whether spousal support is still necessary. When reviewing the maintenance, the court can designate another fixed term maintenance as reviewable or non-renewable, or it can designate the maintenance as indefinite. 
• Temporary maintenance - An individual may file a request for temporary maintenance while the divorce case is pending, as long as they have a legitimate reason for why maintenance should be awarded during that time. Temporary maintenance will usually end when the divorce is finalized. 

Contact a Knowledgeable Kane County Divorce Lawyer

If you need help understanding your rights to receive spousal support or your obligations to pay maintenance in your divorce case, our skilled Elgin spousal maintenance attorney can provide you with legal guidance and advocate for your best interests in court. We will provide the legal help you need throughout every step of the divorce process. Contact the Law Offices of Benedict Schwarz, II PC today at 847-428-7725 to schedule a free consultation.