Can I Stop Paying Alimony if I Lose My Job?

 Posted on October 11, 2024 in Spousal Support

When a couple files for divorce, a court will sometimes order one of the spouses to pay spousal support, also referred to as spousal maintenance or alimony. Judges base this decision on a host of factors. These include the financial needs of the payee — the spouse receiving the support — and the income of the payor, the spouse paying the alimony. The amount of spousal support is based on calculations prescribed by Illinois law.

But what happens if circumstances change? Does the payor need to continue paying alimony even if he or she loses employment? In some cases, the payor may be able to ask the court to modify the spousal support order. This article will discuss when you can request an order modification and how to contact an experienced Illinois family law attorney for legal assistance.

When Can I Stop Paying Spousal Support?

It is not legal to stop paying alimony on your own. Doing so without the approval of a judge would violate a court order. To obtain approval, you must petition the court to modify the original order. Illinois law allows for this if there is a "substantial" change in circumstances. Since the law does not define the term "substantial," it is largely left up to the courts to decide if your situation qualifies for a modification.

It is understood, however, that certain shifts in circumstances may warrant a change in the spousal support order. For example:

• If the payee dies
• If the payee remarries
• If the payee begins living (cohabiting) with a romantic partner
• If the payor suffers a disability that affects his or her ability to continue making payments
• If the payer loses his or her job

Will a Court Modify an Alimony Order if I Lose My Job?

If you have suffered a significant change in employment, you may qualify for a modification. However, the reason for your job loss will be a major factor in determining whether the judge decides to modify the order. If you voluntarily left your job, the court is not likely to be sympathetic. If you were let go as part of a mass layoff, on the other hand, the judge may temporarily reduce your alimony payments or freeze the order for a certain period of time.

One of the factors judges take into account when making decisions about alimony is the future earning potential of each spouse. This means the court looks at your education and work history to determine how long it should take you to find new employment. Therefore, a judge may temporarily pause a spousal order but is not likely to rescind it completely.

Contact a Cook County, IL Court Order Modification Attorney

Courts are usually reluctant to modify an order issued in a divorce. However, a skilled Inverness, IL court order modification lawyer can help convince a judge to make certain changes if circumstances have significantly shifted. At Ann O’Connell Law, Ltd., we are highly experienced in family law and will create a hands-on, personalized legal strategy designed to achieve the best outcome possible. Schedule a free consultation by calling 847-859-6222 today.