When Can You Change a Divorce Settlement? 

 Posted on September 10, 2025 in Family Law

When a divorce ends, many people think the settlement is final. In Illinois, however, certain parts of a divorce judgment can sometimes be changed later if you or your children’s situation has changed. If you are wondering whether you can modify your divorce settlement, it is important to know what can and cannot be done under Illinois law.

At Mevorah & Giglio Law Offices, our Lombard, Illinois family law attorneys have over 175 years of combined experience helping clients figure out tough divorce issues. We pride ourselves on great communication and client-focused service, and we offer free consultations to discuss your specific situation.

What Parts of a Divorce Settlement Can Be Changed?

Not every part of a divorce settlement is open to modification. Once property division has been finalized, the court will not reopen it except in very rare cases, such as those involving fraud or hidden assets. However, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) allows modifications of issues that are ongoing, such as child support, child custody (legally called "allocation of parental responsibilities"), parenting time, and alimony.

This means that if your financial situation changes, if your children’s needs change, or if your ex-spouse experiences a major change, you may be able to return to court and ask for a modification.

Changing a Child Support Order After Divorce

Under 750 ILCS 5/510, child support can be changed if there is a "substantial change in circumstances." This might include losing your job, getting a higher-paying job, or a child developing new medical or educational needs. Illinois law also allows child support reviews every three years, even without a dramatic change, to make sure the amount remains fair.

Custody and Parenting Time Changes After Divorce 

Custody, or allocation of parental responsibilities, can also be changed. According to 750 ILCS 5/610.5, the court will only allow a change within the first two years after a divorce if there is evidence that the child’s current living situation seriously endangers the child. After two years, parents can ask for a modification if they can show that circumstances have changed. No matter when the petition to change custody is filed, parents will always have to show it would be good for the child. For example, if a parent’s work schedule changes or if a child’s school or activity schedule shifts, the court may agree to a new arrangement.

Spousal Support Changes After Divorce

Spousal support, also called maintenance or alimony, can sometimes be changed if either spouse’s financial circumstances change. Under 750 ILCS 5/510, a judge may increase, decrease, or even end maintenance if one party experiences a major shift, such as retirement, disability, or a large increase in income. However, maintenance cannot be modified if your divorce settlement specifically says that it is "non-modifiable."

What Cannot Be Changed in a Divorce Decree?

The division of marital property cannot be changed unless you can prove fraud, coercion, or another serious legal issue. That is why it is important to negotiate carefully during the divorce itself, since those decisions are usually permanent.

Whatever it is about your divorce decree that you want to change, it will not be automatic. You must file a petition with the court and show evidence of why the change is necessary. An attorney can help you put together the right documentation, prepare your arguments, and present your case clearly to the court.

Contact a Lombard, IL Divorce Lawyer for Changing Your Divorce Decree 

If your circumstances have changed and you think your divorce settlement should be updated, talk to Mevorah & Giglio Law Offices. Our Naperville, IL divorce attorneys will explain your options. If we think you may be able to modify your divorce decree, we will help you petition for a modification. We will also be realistic about what you can and cannot do. Call us at 630-932-9100 today to schedule a free consultation.