Satisfy Your Credit Counseling Requirement Before Filing Bankruptcy
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2-Hour Personal Financial Management Instructional Course

1 After Filing

Whether a spouse may rely on his retirement as a change in circumstances to justify the modification of maintenance depends upon the circumstances of each individual case; relevant factors include his age, health, motives and timing of retirement, ability to pay maintenance after retirement, and the former spouse’s ability to provide for herself.

Where a change in the economic circumstances of one or both of the parties occurred between the remand and the new hearing, the wife’s proper recourse was to file a motion for modification pursuant to subsection (a) of this section, in which she could have presented any evidence of a substantial change in circumstances.

The standard for modification due to cohabitation was not met where former spouse’s roommate made only one contribution toward household expenses, the couple did not have a joint checking account and did not commingle funds in any manner, wife’s cohabitation with roommate did not affect her need for support, maintenance payments were not used to support roommate, couple seldom ate together, wife never did his laundry, they only occasionally slept in the same bedroom, and wife’s cohabitation with roommate was not on a resident, continuing conjugal basis.

The provision for the payment of alimony by husband as “one-half of his salary earned and received as a teacher or employee of the public schools of the City of Chicago, Illinois, as long as he is so employed” was held reasonably definite and certain.