Will My Remarriage Affect The Amount I Receive in Child Support or Spousal Maintenance?

 Posted on June 03, 2026 in Child Support

Child support and spousal support (sometimes called alimony) operate on different systems in Illinois. Remarriage affects each differently. If you are receiving spousal maintenance and remarry, your maintenance almost always ends. If you are paying spousal maintenance, on the other hand, you will generally continue to do so. Child support will most often be unaffected by a remarriage.

If you're thinking about remarrying in 2026 and want to know how it changes your support, a Kane County, IL family law attorney can walk you through what to expect.

How Does Remarriage Affect Receiving Spousal Maintenance in Illinois?

Spousal maintenance ends when the person receiving it remarries, unless there is a written agreement between the spouses that it will continue (750 ILCS 5/510). Maintenance terminates by law on the date the receiving spouse remarries.

Maintenance exists to help a former spouse become financially stable after divorce. Once a receiving spouse remarries, the law assumes they and their new partner share financial responsibility for their situation.

Maintenance also ends if one spouse begins cohabiting with another person on a continuing, conjugal basis. This means an arrangement where the parties share daily life and may do things like combine finances, similar to a married couple.

Termination of maintenance in either of these cases is automatic. The paying spouse doesn't have to go back to court to petition to stop payments. The receiving spouse has a duty to disclose if they get married or begin cohabitating with another person. This is best done promptly. If they remarry or cohabitate and keep collecting maintenance, they will likely have to pay back support they received after their remarriage or moving in with their new partner.

How Should I Tell My Ex and the Court About an Upcoming Remarriage?

The most straightforward approach to telling your spouse about a remarriage is to notify them in writing. Keep a copy for your own records. If support is paid through the State Disbursement Unit, tell them as well, so payments stop on time.

What Happens to Spousal Maintenance in Illinois if the Paying Spouse Remarries?

When the paying spouse remarries, they continue to pay support. Your ex-spouse’s new marriage is their own financial choice, and it does not reduce or end the maintenance they owe you.

Your ex-spouse has the option to ask the court to modify the order, but only if there has been a "substantial change in circumstances" besides their new marriage. Illinois courts do not consider a remarriage by a paying spouse to be a substantial change in circumstances in and of itself. Something else, such as a major increase or decrease in income, must have occurred as well.

How Does Remarriage Affect Child Support in Illinois?

Child support isn’t affected by remarriage in the same way as spousal maintenance. Child support is for the benefit of the child, regardless of their parents’ relationship status. It is determined based on both parents’ net incomes, parenting time, and other relevant factors. It is intended to reflect approximately what they would have spent on the child’s care if they had stayed together.

A new spouse is not legally responsible for supporting a stepchild, so their income typically doesn’t affect the calculation.

Does Having a New Child After Remarriage Change My Child Support?

Having a child with a new spouse doesn’t automatically reduce how much child support you pay or increase how much you receive. If you are the receiving spouse and you have a child after getting remarried, you and your new partner are responsible for the support of that child.

A new child born to the paying parent does create new and significant financial obligations. This may be factored in if the paying spouse later requests a modification to the support amount. A new child will not, however, guarantee that the court will lower the amount of child support ordered for the child of the original marriage. The court will make its decision by looking at what's best for every child involved.

Can I Ask an Illinois Court to Change Child Support After I Remarry?

You can ask the court to modify support, but you have to give a reason or reasons apart from the remarriage alone. Illinois allows modification when there's been a substantial change in circumstances since the last order. Commonly cited changes are:

• A job loss

• A promotion or bonus that increases available funds

• A new disability that diminishes a parent’s ability to work

• A relocation to a higher cost-of-living area for work

You will need to prove to the court that the change is warranted and lasting. Documentation of the change, such as a doctor’s assessment of a disability, is important for making your case. Also, bear in mind that modifications generally take effect from the date you file your request, not the date your circumstances changed.

Call a St. Charles, IL Family Law Attorney Today

If you’re concerned about how a new relationship will affect your support or maintenance orders, our Kane County, IL support lawyers can help. Our primary lawyer is a trained mediator with significant experience in family law. We focus on mediation and helping couples resolve disputes outside the courtroom if possible. We're also fully prepared to litigate aggressively in court if needed. Call Shaw Sanders, P.C. at 630-584-5550 today for a free consultation.