Can I Challenge a Petition for Spousal Support?

 Posted on December 04, 2025 in Spousal Support

During a divorce, spousal support (also called alimony or maintenance) may be a major point of contention. Spousal support is a court-ordered form of financial assistance that is paid from one spouse to another, usually for a specific time period, when the court determines that support is necessary to prevent one spouse from suffering undue hardship. If you are against the idea of paying support, a Cook County, IL family law attorney can help protect your interests and represent you in court.

At The Law Offices of Curtis Bennett Ross, L.L.C., we have over 30 years of legal experience, allowing us to navigate divorce-related concerns with confidence. As a Certified Public Accountant, Attorney Curtis Ross is more than qualified to help with financial issues in a divorce, including alimony disputes.

Three Ways to Fight a Spousal Support Petition in a Divorce

Citing a Marital Agreement

If you have a valid prenuptial or postnuptial agreement in place with terms that preclude alimony, you could present the document in court. This is an especially effective approach, since a marital agreement can only be challenged on limited grounds.

Keep in mind that a judge may decline to enforce a prenuptial or postnuptial agreement if the terms are grossly lopsided in favor of one party. The judge can also refuse to enforce an agreement if one party can prove that he or she was not given a "fair and reasonable disclosure" regarding the other party’s assets (750 ILCS 10/7).

Lack of Necessity

Financial need is a major factor in spousal support orders. The court will consider, among other factors, the needs of each party, the standard of living established during the marriage, vocational skills, and sources of income to determine if alimony is appropriate.

If you believe that your spouse already has sufficient resources to address his or her needs, you could argue that maintenance is not needed. For instance, if your spouse already received a sizable portion of the marital estate in property division, alimony could be argued to be redundant.

Financial Hardship to the Payor

If you are being asked to pay spousal support, your own needs warrant consideration as well. Simply having a higher income than your spouse does not necessarily mean that you have the resources to pay alimony. To make an effective case for financial hardship, you should come prepared with bank statements, pay stubs, and proof of income for the court’s consideration. 

Your liabilities and debts are also relevant factors, as you could argue that you are already burdened with other financial obligations. A skilled divorce attorney will review your situation in its totality, making sure that nothing is overlooked when making a case against spousal support.

Contact a Chicago, IL Spousal Support Lawyer

Spousal support is a significant financial obligation, and if you are being asked to pay it, you deserve to have your concerns heard. At The Law Offices of Curtis Bennett Ross, L.L.C., our Cook County, IL divorce attorney can stand up for your rights in a court of family law. To schedule a free limited consultation, call our offices at 312-984-1514 today.