It cannot be overemphasized that having an experienced family law attorney to obtain the most favorable divorce settlement agreement is crucial. A knowledgeable attorney will ensure that their clients know their rights and help them to make good decisions during the settlement process. It is difficult, if not impossible, to modify the agreed-on terms of a divorce settlement agreement once the divorce is finalized.
This is especially true when it comes to spousal maintenance, which can depend on many factors. Say for example, one party voluntarily agrees to limited duration and or amounts of alimony in a divorce settlement agreement only to realize after the fact that their 20 plus year marriage likely entitled them to permanent alimony. Naturally they may wonder if they can return to court to change the terms of the agreement to get longer duration spousal support.
It is important to note that marital settlement agreements are treated as binding contracts, and courts strongly favor finality in divorce judgments to avoid endless litigation. Regret, dissatisfaction, or a belief that the deal was unfair alone are insufficient grounds to reopen or modify the terms. That said, there are limited exceptions where revisiting the alimony terms might be possible.
For example, if there’s a substantial change in circumstances post-divorce, Illinois law allows modification of maintenance (including potentially extending duration from limited to indefinite) if the recipient can prove an ongoing, significant, and unforeseen shift, such as a major change in income, job loss, serious health issues, or the recipient’s inability to become self-sufficient despite good-faith efforts. The burden is on the person seeking the change to show it is justified. Certainly long marriages often translate into indefinite maintenance, potentially lasting as long as the marriage or longer if one spouse sacrificed career opportunities, but agreeing to less doesn’t automatically allow a do-over without a substantial change. Keep in mind, however, if the original agreement explicitly states the maintenance is “non-modifiable” (a common clause in settlements), courts will typically enforce that and deny changes unless fraud or duress is proven.
To challenge or vacate the entire settlement is another approach. If the agreement was procured through fraud (e.g., hidden assets), duress, coercion, mutual mistake, or if it’s deemed “unconscionable” (extremely one-sided and shocking to the conscience, often involving unequal bargaining power), a recipient could file a petition to vacate the agreement altogether. This must typically be done within 2 years of the final judgment (with extensions possible for concealed fraud), and clear evidence is needed that the issues affected the outcome. A client simply realizing that they could have requested permanent alimony isn’t enough as courts require proof of serious impropriety, not just a bad bargain.
In practice, successfully reopening a case is rare and requires strong evidence; courts don’t want to encourage “buyer’s remorse” claims. The same general principles apply to regrets over property division in Illinois (e.g., feeling you should’ve received a larger share of assets, kept the house, or had a more favorable split after a long marriage). Property division in a marital settlement agreement incorporated into the divorce judgment is treated as final and non-modifiable under Illinois law , which states that provisions for property disposition “may not be revoked or modified” unless specific conditions justify reopening the judgment (read fraud, concealment or misrepresenting assets etc.).
When you have questions regarding modification of an Illinois divorce order or judgement, contact the Libertyville family law office of Ronald L Bell & Associates for answers at 847-495-6000.