Can I Decrease My Maintenance Payments If I Am Retiring?

April 30th, 2024 by Tiffany Hughes

Navigating financial obligations during retirement can be a daunting task, especially if you are obligated to make maintenance payments, commonly known as alimony or spousal support. In Illinois, as in many states, these payments are typically determined based on factors like income and financial circumstances at the time of divorce and the lifestyle lived during the marriage.

Can I Decrease My Maintenance Payments If I Am Retiring?

What happens if you’re retiring and your income is decreasing? Can you reduce your maintenance payments in Illinois? Let’s delve into the specifics.

Maintenance payments in Illinois are designed to provide financial support to a spouse who may be economically disadvantaged after a divorce. The amount and duration of maintenance are often decided during divorce proceedings but can be modified under certain circumstances.

What Factors are Needed for my Maintenance Payments to be Considered for Modification?

Illinois courts may consider various factors when determining whether to modify maintenance payments. These factors include:

1. Substantial Change in Circumstances: Retirement is generally considered a substantial change in circumstances that may warrant a modification of maintenance payments. However, it’s essential to demonstrate how your retirement affects your ability to continue making the court ordered maintenance payments, if at all.

2. Retirement Age and Intent: Your age at retirement and the intention behind retiring are crucial factors. If you’re retiring at the typical age and have reached the age of retirement defined by your employer’s plan, it strengthens your case to modify maintenance. If you are voluntarily retiring early, this may not result in the reduction of maintenance payments or alimony.

3. Financial Situation: Your financial situation post-retirement will be thoroughly examined. This includes your retirement income, assets, expenses, and any pension or retirement benefits you currently receive. You will need to tender bank statements, 401k information, investments, proof of monthly expenses, and other financial information to make an argument for a reduction of maintenance payments and/or renegotiating maintenance with your new post-retirement income.

4. Ability to Pay: Courts will assess your ability to pay maintenance based on your post-retirement income and financial resources. If your post- retirement income is significantly lower than your pre-retirement income or what your maintenance payments were as ordered in your divorce, it may justify a reduction in maintenance payments and/or the duration of maintenance.

5. Ex-Spouse’s Financial Needs: The financial needs and circumstances of your ex-spouse are also considered. If they are financially independent or have experienced changes in their financial situation, it could impact the court’s decision when re-negotiating maintenance, seeking a reduction of maintenance payments, the duration of maintenance with your post-retirement income after a divorce.

How do I Begin the Process to Change my Maintenance Payments?

If you believe you qualify for a reduction in maintenance payments due to retirement, you must file a petition with the court. It’s crucial to provide evidence supporting your post-retirement income and detailing the factors to modify maintenance, including financial documents showing your retirement income and expenses.

Navigating the process of seeking a modification of maintenance payments can be complex, especially when retirement is involved. Consulting with a knowledgeable and experienced family law attorney who specializes in Illinois law can provide invaluable guidance and representation throughout the process. Not having an experienced attorney representing you through a modification of maintenance, could result in you being barred from seeking another modification in the future. An experienced family law attorney can help you understand your rights, assess your options, and advocate for your interests in court. Our experienced team of attorneys at The Law Office of Tiffany Hughes are extremely well versed in re-negotiating maintenance, settling and litigating modifications of maintenance cases and will zealously represent you to get you the reduction of maintenance payments you deserve.

Retirement can bring about significant changes in your financial situation, including your ability to meet maintenance obligations that you had in your divorce. In Illinois, if you’re retiring and facing challenges with maintenance payments, you may be eligible for a modification. By understanding the factors considered by the court and seeking legal assistance, you can navigate this process with clarity and confidence, ensuring your financial obligations align with your post-retirement circumstances.

Need More Information or Representation?

If you are retiring, are looking to re-negotiate your maintenance payments, want to seek a modification of your maintenance, or want to know more about how retirement affects your maintenance payments, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping individuals in explaining the factors to modify maintenance, alimony generally, obtaining and modifying spousal support, modifying maintenance payments, modifying the duration of maintenance, obtaining a reduction of maintenance payments, navigating retirement and re-negotiating maintenance after a divorce with your post-retirement income.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.