Do Alimony Payments Stop if a Spouse Remarries in Illinois?

 Posted on December 23, 2025 in Alimony

When a couple gets divorced in Illinois, one of the parties often must pay spousal support, or alimony, to the other. Because women are increasingly working more and even outearning their male peers, alimony is overall less common than it used to be. This trend looks set to continue because the U.S. Census estimates that in 2026, fewer than half of American households are married couples.

If you already have an alimony order, however, you are probably wondering when and why it can be changed. Sometimes people are ordered to pay alimony indefinitely, and sometimes they must pay it for a set amount of time. In either case, payments can end under certain circumstances. This includes remarriage, retirement, or other significant life changes.

Talk to our DuPage County alimony lawyer for more information.

Do You Pay Alimony Forever in Illinois?

How long alimony can last depends on how long you were married. For marriages lasting less than 20 years, the law provides a formula to calculate how long payments should last.

For example, if you were married for 10 years, maintenance typically lasts for 4.4 years. If you were married for 15 years, it could last for 9.6 years. However, for marriages that lasted 20 years or longer, the court may order indefinite maintenance, which means alimony continues until certain events happen.

What Happens if the Person Paying Alimony Gets Remarried?

The spouse who pays the alimony is called the payor, and the spouse receiving the alimony is called the payee. If the payor gets remarried, he or she must continue making spousal support payments. Getting remarried does not automatically end your obligation to pay alimony.

What Happens if the Person Receiving Alimony Gets Remarried?

By contrast, if the payee gets remarried, the payor no longer has to pay spousal support. This is because marriage is what Illinois law calls a "supportive relationship," meaning that the payee should be receiving financial support from his or her new spouse. As long as he or she is receiving support from a new spouse, the ex-spouse does not need to provide support as well.

For this reason, the payee is required to notify the payor if he or she gets remarried. Once remarriage occurs, alimony payments generally terminate automatically without needing to go back to court. However, taking formal steps through the court can help avoid disputes or overpayment.

Can You Stop Paying Alimony if Your Ex is in a Serious Relationship? 

Even if the payee does not remarry, there are circumstances in which an order to pay spousal support will be terminated. One of these circumstances is cohabitation. "Cohabitation" is a legal term for when an unmarried couple lives together in a marriage-like relationship. 

Illinois law considers this to be a supportive relationship. If the payee cohabits with someone, the payor is no longer obligated to pay alimony. However, unlike remarriage, the payor will need to prove his or her ex-spouse's cohabitation to a court before the requirement to pay stops. 

When Can You Change Alimony Payments?

Under Illinois law, specifically Section 510 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/510), either spouse can ask the court to modify alimony payments when there is a substantial change in circumstances.

This means something important has changed since the original divorce decree that now makes the current alimony arrangement unfair or impossible to follow. Common reasons for modifying alimony include:

• A significant increase or decrease in either spouse's income

• Job loss or inability to work due to disability

• Major health problems that create new medical expenses

• The payor's retirement

• Changes in the cost of living

To change alimony payments, you must file a petition with the court explaining what has changed and why modification is necessary.

Can You Stop Paying Alimony if You Retire?

Retirement can be grounds for terminating or reducing alimony, but it is not automatic. Illinois courts recognize that retirement is a normal life event, especially when someone reaches a reasonable retirement age like 65 or 67. However, the court will look at several factors before deciding whether to end or reduce your alimony obligation.

For example, the judge will consider whether your retirement was in good faith or if you retired early just to avoid paying alimony. If you retire at a normal retirement age and can show that your income has genuinely decreased, the court is more likely to reduce or end your payments. 

Call a Wheaton, IL Alimony Attorney Today

Changing alimony payments should be done with the help of a skilled DuPage County, Illinois alimony lawyer. At Fawell & Fawell, we have 10 years of legal experience in family law.

We offer free consultations to help you understand your options. Call Fawell & Fawell at 630-871-2400 today to discuss your alimony situation.