Life rarely stays the same after a divorce. Over time, job changes, relocation, health issues, or shifting family responsibilities can make parts of your original court order feel outdated or unfair. If your current situation is very different from what it was when your divorce was finalized, you may be wondering: Is it possible to change a divorce agreement years later in Illinois?
The good news is: yes, under the right conditions, Illinois law does allow you to revisit and revise certain parts of your divorce decree—even years after the fact. Whether you're seeking to update parenting arrangements, adjust child support, or possibly modify maintenance, it's important to understand what the law permits, and how the process works.
What Parts of a Divorce Agreement Can Be Modified?
Not every part of a divorce decree can be changed. In Illinois, courts allow post-judgment modifications of:
- Parental responsibilities (custody)
- Parenting time (visitation)
- Child support
- Spousal maintenance (alimony), depending upon the terms of the prior Agreement
On the other hand, property division—such as who gets the house or how retirement accounts were split—is typically final. Unless there’s clear evidence of fraud or a major legal mistake, courts generally won’t revisit those decisions.
What Counts as a Substantial Change in Circumstances?
To request a post-divorce modification in Illinois, you must show that your circumstances have changed significantly since the last court order. This is referred to as a “substantial change in circumstances.” Examples may include:
- A major increase or decrease in income.
- Job loss or long-term unemployment.
- Remarriage or cohabitation.
- A serious medical condition or disability.
- A relocation that affects the parenting schedule.
- A child’s evolving needs, such as new medical or educational requirement.
Each case is evaluated individually. What meets the standard in one situation may not in another. The court will assess your specific facts to determine whether the requested change is appropriate.
Modifying Child Custody and Parenting Time
Parenting plans are not set in stone. If your current custody or parenting schedule no longer works—due to relocation, a shift in your child’s needs, or a parent not following the order—you may be able to ask the court to revise it.
In all cases, Illinois courts focus on the best interests of the child.
Can Child Support Be Changed?
Yes—Illinois law allows child support to be reviewed and modified when there has been a substantial change in circumstances. If you're paying or receiving support and your financial situation or your child's needs substantially change from the time of your original order, you may have grounds to request an adjustment.
Situations that may justify a modification include:
- A parent loses a job or has a meaningful drop in income.
- A parent gains a significantly higher-paying job or new source of income.
- A child turns 18—or 19 if still attending high school on a full-time basis.
- A child becomes legally emancipated or independent.
- The child's medical, educational, or extracurricular needs have changed.
- A change in parenting time significantly shifts financial responsibilities.
- A new support obligation arises for either parent (e.g., supporting a new child or dependent).
- Either party’s cost of living or basic expenses changes substantially.
To pursue a modification, you’ll need to petition the court and provide updated documentation—like tax returns, pay stubs, or evidence of the child’s new needs and a Financial Affidavit setting forth the income, expenses, assets and liabilities. This Financial Affidavit is a court form that needs to be completed before a judge will consider the full picture to determine whether support should be increased, decreased, or left unchanged.
Can I Change Spousal Maintenance Years Later?
Often, yes but depends on the prior order or Judgment. A post-judgment change to spousal maintenance—also known in Illinois family law as a post-decree modification, and sometimes referred to informally as a divorce modification—may be possible if your financial situation or your former spouse’s has changed substantially unless the prior Judgment or order prohibits this. Illinois law allows maintenance to be reviewed or terminated when the court finds the change to be significant and made in good faith unless barred by a prior court order.
Scenarios that may support a maintenance modification include:
- The paying party retires or becomes permanently disabled.
- A job loss or major change in income.
- The recipient remarries or enters into a marriage-like cohabitation.
- Either party experiences a major shift in financial responsibilities.
- Any other factor the court considers fair and relevant under the circumstances.
Keep in mind: If your divorce judgment includes specific language that makes maintenance non-modifiable, the court may not have the authority to revisit it. A family law attorney can help you determine whether your agreement allows for changes and guide you through the steps if a modification is possible.
Is There a Time Limit for Making Changes?
No specific time limit applies to modification requests. Even without a time limit, the part of the order you want to change must be eligible, and the substantial change must be based on current circumstances compared to those at the time the prior order or Judgment was entered.
In other words, you can change a divorce agreement years later in Illinois, as long as the legal requirements are met.
What’s the Process for Requesting a Modification?
If you're wondering how to change a divorce agreement years later in Illinois, here’s how the process generally works:
- Consult an attorney to evaluate whether your situation qualifies.
- File a petition with the court explaining what you’re asking to change and why.
- Gather documentation (e.g., tax returns, medical records, proof of relocation).
- Provide a completed Financial Affidavit.
- Attend a court hearing—especially if the other party contests the change.
- The judge will evaluate the facts and applicable Illinois law to determine whether the requested change is warranted.
If both parties agree to the changes, the process may be faster—but the court must still approve and enter the new order for it to be enforceable.
Every case is unique, and having a clear understanding of your legal options from the start can make the process more manageable. At Katz, Goldstein & Warren we routinely work with individuals seeking post-divorce modifications and can help you assess whether your circumstances meet the legal standards for a change.
Changing a Divorce Agreement Years Later in Illinois: Why Legal Guidance Matters
Changing a divorce agreement years later in Illinois can feel daunting—but the right guidance makes all the difference. An attorney can help you prepare a strong petition, anticipate issues, and protect your long-term interests.
Your Divorce Agreement Should Reflect Where Life Is Now
If it’s been years since your divorce and you feel like your court order no longer fits your life, you’re not alone. Families evolve. Finances shift. Children grow older. Illinois law allows for adjustments that reflect those changes.
At Katz, Goldstein & Warren, we serve clients across Northeastern Illinois, including Cook, Lake, DuPage, McHenry, Kane, and Will Counties. Whether you're in Chicago, Lake Forest, Highland Park, Buffalo Grove, Northbrook, Arlington Heights, Naperville, Skokie, or a nearby community, we’re here to help you understand your rights and take action with confidence.
If you're considering a post-divorce modification, contact us today for a confidential consultation and take the next step toward a divorce agreement that fits your life now.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every legal matter is unique, and you should consult a qualified Illinois family law attorney to discuss the specific facts of your case and receive personalized legal guidance.