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What Happens to Illinois Spousal Support If I Remarry or Cohabitate?

Posted on in Illinois Divorce

St. Charles Spousal Support Lawyer

If you are currently receiving maintenance payments, also known as spousal support or alimony, you must notify the payor if you remarry or move in with a romantic partner. Illinois law requires you to notify the payor of your intention to remarry at least 30 days prior to the wedding, unless the wedding occurs spontaneously, in which case you must notify the payor within 72 hours of the wedding. 

Unless your divorce order states otherwise, the obligation to make future maintenance payments ends on the date of your remarriage or on the date on which cohabitation began as determined by the court. If maintenance was paid to you after such date, you must reimburse the payor for those amounts. 

How is Cohabitation Defined Under Illinois Law?

The determination of whether someone is cohabiting “on a resident, continuing conjugal basis” can be somewhat more difficult to prove and to pin down to a specific start date. Thus, you will have to petition the court to examine the facts and make a determination as to whether there is a de facto marriage. Unless the cohabiting partner concedes, there will have to be a court hearing at which witnesses and evidence are presented. The court will consider the following factors: 

  • The length of the cohabitants’ relationship

  • The amount of time the couple spends together, 

  • The nature of the activities in which they participate, such as sharing household chores, cooking and eating together, and attending family events together.

  • The interrelation of their personal affairs, such as whether they have any joint accounts, have some or all of their belongings in the other’s home, use the same mailing address, and regularly pay each other’s expenses.

  •  Whether they vacation and spend holidays together.

  • The effect the relationship has on the recipient’s need for maintenance

  • The intended permanence or mutual commitment to the relationship.

The court will consider all of these factors as a whole to determine whether a cohabitation situation exists and maintenance payments may be terminated. In some cases, the court may rule that while an intimate relationship exists, it does not rise to the level of a de facto marriage.

Consult a Knowledgeable St. Charles Spousal Support Lawyer

If you or your ex has remarried, maintenance payments should stop as defined in your divorce order; you should not have to go to court to stop payments. In the event of cohabitation, however, you must obtain a modification of the court order specifying the date that cohabitation began and terminating maintenance as of that date. If your ex denies cohabitation, seek advice from a St. Charles divorce lawyer.  Call Weiler & Lengle P.C. at 630-382-8050

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2019/3rdDistrict/3180208.pdf

 

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