What Can I Modify in My Illinois Divorce Agreement?

 Posted on April 05, 2026 in Divorce

Divorce agreements are often made with the intention to last, but that does not mean they are set in stone. For people who get divorced and do not have any children or alimony requirements, divorce agreements rarely require changes. However, when children or monthly support payments are involved, things typically do not remain the same over time. Thankfully, the Illinois court system addresses this possibility within its divorce legislation. For modifications to be made to your agreement, you must meet certain criteria.

At The Law Office of Ronald L. Hendrix, P.C., we help divorcing couples create their initial agreement and modify it whenever necessary. Our Naperville, IL family law attorney has over 30 years of experience, so he can effectively guide you through your petition to modify your divorce decree.

Three Things You Can Modify After Your Final Divorce Decree in 2026

Spousal maintenance, child custody, and child support can all be affected by changes in circumstances. That’s why Illinois family courts allow modifications to these orders.

Spousal Maintenance

The purpose of spousal maintenance, commonly known as alimony, is to even the financial divide between both spouses and provide the lower-earning spouse with financial assistance. The terms of these payments vary for each divorce agreement. Some may be expected to provide this support indefinitely, while others have a specified timeline. Divorced couples can revisit their agreement, especially if they feel that the spousal maintenance requirements are unnecessary or unfair.

When asking for an adjustment, the court will consider several factors, including the following:

• Any changes in employment status for either party
• The effort of the receiving party to become self-sufficient
• Any restrictions on the present and future earning abilities of either party
• The duration of the maintenance payments in comparison to the length of the marriage

If the receiving party remarries, the court assumes that he or she is already getting financial support from the new spouse. In that case, maintenance orders are terminated.

Child Custody

When a parenting plan is created, it is done in the child’s best interest (750 ILCS 5/602.7). If this is no longer the case, the court will reconsider the current plan and make any necessary adjustments. Decision-making responsibilities may not be modified until two years after the parenting plan’s creation unless the child is mentally, emotionally, or physically in danger as a result of the plan.

Parents can also agree to change parenting time at any point. They do not have to wait two years if they both support the change. In Illinois, they can submit an updated parenting plan or agreed order to the court for approval. The court will still review the agreement to make sure it serves the child’s best interests.

While the child’s best interests will remain at the forefront of the adjustment process, a few other factors will also be considered. These include changes in the parents’ schedules, changes in the parents’ living arrangements and/or location, and the child's desires based on his or her age.

Child Support

As children get older, their needs change significantly. That means the cost to raise them changes as well. They may get involved in more extracurricular activities. The cost of food and clothing will increase, and their educational expenses may rise, depending on where they attend school.

Because these costs can fluctuate throughout childhood, child support payments can also be adjusted. In general, three years must pass before the court will reevaluate an existing child support order. However, the court will also allow a modification before then if there has been a major change in circumstances. The burden is on the petitioner to show what changes have taken place.

Why Shouldn’t You Rely on Informal Divorce Decree Modifications in IL?

After a divorce, parents sometimes make side agreements due to unexpected life changes. A new work schedule, a move, or a child’s school needs can make the old order hard to follow. Even so, an informal agreement can create real problems. One parent may allege that he or she never agreed. A verbal deal may also be remembered differently by each side.

You may think you’re helping by switching weekends, changing pickup times, or accepting less support for a while. However, your co-parent could later use that change in court. Something as simple as a missed exchange could still count against a parent who relied on a side deal. In the worst case, this can lead to enforcement actions for parenting time violations or unpaid support amounts.

What Happens if My Ex Won’t Agree to a Modification in Illinois?

When your ex will not agree to a change, the court will have to intervene and make a judgment. This starts with filing the proper request and explaining what has changed since the current order was entered. You may need to show a substantial change in circumstances, depending on the issue. For example, a major income change, a serious parenting problem, or a child’s new needs may support a request.

If the case is contested, the court may set a hearing. At that hearing, both sides can present testimony, documents, and other evidence. The judge will decide whether the order should be changed based on the law and the facts. If your ex is already refusing to follow the current order, that issue can also be addressed later through enforcement or non-compliance proceedings. A contested case can take more time, but a formal order is still the safest way to make a lasting change.

Contact a Will County, IL Divorce Decree Modification Lawyer Today

As you can see, the court limits what can be changed in your divorce agreement and how these changes can be made. These regulations are in place to keep contentious couples from constantly revisiting their agreement and spending time in court. However, not all modification requests come from a place of hostility, even if the terms do need to be approved by the Illinois court system.

At The Law Office of Ronald L. Hendrix, P.C., we support our clients in every way possible, whether that is fighting against a modification request or submitting one. For help, contact our Naperville, IL divorce modifications attorney at 630-355-7776 to schedule your free initial consultation today.