Top Ten Myths in Illinois Divorce Cases [Myth #10]

Myth: Permanent maintenance is forever.

Not true. Permanent maintenance, also known as indefinite maintenance, is modifiable based upon a substantial change in circumstances.  Under Illinois law, permanent maintenance abates upon the remarriage, cohabitation, or death of the recipient.  It is modifiable based upon a change in circumstances that is involuntary. A person who loses a job under circumstances beyond his or her control can petition the court and get relief. If a person gets ill and can’t work, he or she can petition the court and get relief. A more difficult case involves somebody who wishes to retire.  In those cases, the courts will look at the ordinary retirement age and then the economics of the industry and determine whether the retirement is a good faith retirement or not.

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