When Do You Need to Modify Your Divorce Decree?

 Posted on November 07, 2025 in Illinois Divorce

Most people assume that once their divorce is finalized, they are done negotiating all the issues covered in their divorce decree. However, there are some cases where revisiting the terms of the divorce is necessary. If you want to petition for a post-decree modification, a Kane County, Illinois family law attorney can represent your interests to a judge.

At Weiler & Associates, Inc., our attorneys have decades of combined experience handling difficult divorces and complex family issues. Many of our clients have spoken highly of our services, praising our practical approach and excellent litigation skills. You can trust our firm to fight for your rights in a post-decree modification, whether it concerns alimony, child support, or another aspect of your divorce order.

Reasons to Modify a Divorce Decree

Changes in Finances

Orders of child support or alimony are often calculated based on the spouses’ financial resources at the time of the divorce. When either spouse experiences a significant change in income, it could necessitate a change to the support order. For example, if the spouse responsible for paying support loses his or her job, the judge may recognize the financial hardship and allow for a reduction in the scheduled payments. An order of alimony could also be reduced if the receiving spouse gets a large increase in his or her income.

The important thing to understand about modifying alimony or child support payments is that the burden is on the petitioner to show that there has been a substantial change in circumstances (750 ILCS 5/510). If you can show that your situation has changed due to factors outside of your control, the court may be more likely to consider your petition.

Changes in Marital Status

Alimony is usually intended to help a spouse get back on his or her feet following a divorce, going from married life to single again. When the receiving spouse remarries, alimony essentially becomes redundant considering the joint income and resources of a married couple.

Remarriage automatically terminates alimony in Illinois without the need for a petition. However, things can get complicated if the receiving spouse starts living with someone in a relationship similar to marriage, known as cohabitation. 

Cohabitation does not automatically end alimony. The petitioner must show that the receiving spouse is already receiving support from his or her partner and that the relationship is substantially similar to a marriage.

Changes in the Child’s Needs

For orders of child custody and child support, the court’s main concern lies with the child’s best interests. When the child’s needs change, a modification may be appropriate. For instance, if the child develops a chronic health condition, one parent may seek to relocate closer to a specialist health center or a school that can accommodate the child’s needs, making it necessary to modify the custody order.

Contact a St. Charles, IL Family Law Attorney

At Weiler & Associates, Inc., we can represent you in a request to modify your divorce decree. To schedule a consultation with our Kane County, IL divorce lawyers, call our offices at 630-331-9110.