Do I Have To Keep Paying Alimony if I Am Retiring in Illinois?

 Posted on October 15, 2025 in Divorce

In Illinois, retirement can be a valid reason to reduce or end spousal maintenance, also known as alimony. However, the change is not automatic. You must show the court that your retirement creates a "substantial change in circumstances." This means that your income and financial situation have changed enough to make the current order unfair. An experienced Kane County, IL spousal maintenance lawyer can help you understand your options and guide you through this process.

Does Retirement Count as a "Substantial Change in Circumstances" in Illinois?

Under 750 ILCS 5/510, a change in employment status can count as a "substantial change in circumstances" and therefore may be considered a good enough reason to modify your alimony agreement. For example, if you retire at 65 and your income drops because you no longer receive a paycheck, the court may decide it is unfair for you to keep paying the same amount. If you retire early by choice, the judge might decide that is not a sufficient reason to reduce support. The same is true if you still earn enough from pensions or investments. Every situation is different, so the court will review your entire financial picture before making a decision.

How Do Judges Decide Whether To Modify or End Spousal Support in Illinois?

Judges look at several factors listed in 750 ILCS 5/504 when deciding whether to change alimony after retirement. Some of them are:

• The age and health of both former spouses

• The retirement income of the paying spouse, such as pensions or Social Security benefits

• The financial needs and income of the spouse receiving support

• The length of the marriage and how long maintenance has already been paid

A judge will not lower payments just because someone wants to retire. The court must see that the retirement was reasonable and done for legitimate reasons. If the judge believes the change is fair, they may reduce, suspend, or even end maintenance.

How Do You Modify a Spousal Maintenance Order in Illinois?

The first step in changing your alimony order is to file a petition. It must be with the same court that issued your order. You should also gather documents such as proof of your retirement date, pension information, and recent income statements. These records help the court understand your financial situation.

Most importantly, remember that you should file your request before you retire or stop making payments. If you stop paying without the court’s permission, you could face penalties for violating the order. Take a look at your original divorce decree to see if it includes any rules about retirement or future income changes. An experienced family law attorney can help you prepare the petition and represent you in court.

Contact a Geneva, IL Post-Decree Modification Attorney Today

The lead attorneys at Serrano Hanson & Hurtado, LLC have worked in many areas of the legal system, including as criminal defense attorneys, prosecutors, and judicial clerks. Their experience has given them a strong understanding of how Illinois judges review modification requests. When you need honest advice and strong representation, our team can help.

Call 630-844-8781 today to schedule a free consultation with Kane County, IL spousal maintenance lawyers who care. Learn more about how retirement could affect your support payments under Illinois law. Everyone at our firm is fluent in Español, allowing us to serve clients from diverse backgrounds with clear communication and respect.