In Illinois, what happens to spousal support after the alimony payor retires?
My husband will be retiring in 5 years. If we divorce after 22 years of marriage and I receive spousal support, what happens to that amount after he retires?
paul
responded
6 years ago
Hello @weddingbelle
In Illinois, as a general rule, alimony can be modified only upon a showing of a substantial change in circumstances. To help make this determination, Section 510 of the Illinois Marriage and Dissolution of Marriage Act provides several factors an Illinois court may consider when deciding whether spousal support should be modified. Included in those factors are: (a) any change in the employment status of either spouse and whether the change has been made in good faith; and (b) the increase or decrease in each spouse's income since entry of the alimony order.
In your case, based on the above factors, it is likely that your alimony payment will be reduced upon your husband's retirement. This assumes his retirement is made in good faith and his income will be lower after retirement. However, Illinois courts have broad discretion when modifying spousal support, and whether a modification is allowed will turn largely on the specific facts of your case.
Since your husband’s retirement is anticipated, you may want to negotiate terms to include in your marital settlement agreement that address what will happen to your alimony payment when he retires. Hope this helps!
In Illinois, as a general rule, alimony can be modified only upon a showing of a substantial change in circumstances. To help make this determination, Section 510 of the Illinois Marriage and Dissolution of Marriage Act provides several factors an Illinois court may consider when deciding whether spousal support should be modified. Included in those factors are: (a) any change in the employment status of either spouse and whether the change has been made in good faith; and (b) the increase or decrease in each spouse's income since entry of the alimony order.
In your case, based on the above factors, it is likely that your alimony payment will be reduced upon your husband's retirement. This assumes his retirement is made in good faith and his income will be lower after retirement. However, Illinois courts have broad discretion when modifying spousal support, and whether a modification is allowed will turn largely on the specific facts of your case.
Since your husband’s retirement is anticipated, you may want to negotiate terms to include in your marital settlement agreement that address what will happen to your alimony payment when he retires. Hope this helps!
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