When Can You Stop Paying Alimony in Illinois?

 Posted on October 13, 2025 in Family Law

Spousal maintenance, often called alimony, is meant to help a spouse who cannot support himself or herself after a divorce. However, for the spouse who is making alimony payments, a common question is when payments can stop. Under Illinois law, there are several circumstances when payments can be reduced or stopped.

If you are paying alimony and want to know when it can stop, you need to understand what the law allows and how to protect your rights. At Mevorah & Giglio Law Offices, our Naperville family law attorneys have many decades of experience helping clients change or end alimony orders. We will discuss your situation in clear terms and help you understand your options. 

When Does Alimony End Automatically?

There are specific situations where Illinois law automatically ends a person’s obligation to pay maintenance:

The Recipient Remarries

If your ex-spouse legally remarries, your alimony obligation automatically ends on the date of the new marriage. You do not need to go to court, but you should file a notice to officially stop payments and prevent enforcement actions.

The Recipient Lives with a New Partner

Even without marriage, maintenance can end if your ex begins living with a romantic partner in a marriage-like relationship. You will need to ask the court to end payments for cohabitation. The court looks at factors like shared residence, financial interdependence, and the duration of the relationship to decide whether it qualifies.

Either Party Dies

Alimony ends if either the paying or receiving spouse dies, unless your divorce decree says otherwise.

Can You Stop Paying Alimony if You Can’t Afford It? 

Under Illinois law, either party can ask the court for a modification of alimony payments when there is a "substantial change in circumstances."

This could include:

• Job loss or significant reduction in income

• Retirement or disability

• A major increase in the recipient’s income or financial independence

• Changes in either party’s health or living expenses

To modify an alimony order, you must file a motion with the same court that issued your divorce decree. The judge will review the evidence and determine whether the change justifies reducing or terminating your payments. It is important not to stop paying without court approval — doing so could result in arrears, fines, or even contempt of court.

What If Your Divorce Decree Says Alimony is Permanent? 

Some divorce settlements include non-modifiable maintenance, meaning the amount and duration cannot be changed for any reason. These agreements are enforceable under Illinois law, even if your circumstances change.

However, you can still stop paying if your ex-spouse remarries, dies, or enters a qualifying cohabiting relationship. Otherwise, your obligation will last until the term set out in your agreement ends. An experienced family law attorney can review your divorce decree to determine whether your order can be modified or terminated.

Contact a Naperville, IL Spousal Maintenance Lawyer Today

At Mevorah & Giglio Law Offices, we offer free consultations and can review your case to determine your best options under Illinois law. Call our Lombard alimony attorneys at 630-932-9100 today to learn how our team can help protect your finances.