When Can Spousal Maintenance Be Modified?

Absent any language stating otherwise, the terms of a spousal maintenance agreement are modifiable when either party has a significant change of circumstances. Examples include a change in: Employment status; Income; Marital status; Tax implications of the agreement; or The value of properties awarded after divorce. An Illinois court will award modifiable spousal maintenance if the spouses cannot agree to terms during the divorce negotiations. However, divorcing couples can present other forms of maintenance agreements that have different conditions for when the agreement may be modified. Reviewable Maintenance Also referred to as rehabilitative maintenance, reviewable spousal maintenance is used when a former spouse needs support until he or she becomes financially self-sufficient. The maintenance can continue indefinitely, but the court must review the agreement after a predetermined amount of time to evaluate the circumstances of both…

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