Proving Cohabitation in an Illinois Spousal Support Case

 Posted on February 10, 2025 in Divorce

An Illinois ex-spouse who is paying spousal maintenance can rightfully be resentful when the receiving spouse is cohabitating with another person. In fact, barring a divorce agreement that states otherwise, spousal support terminates when either party dies, the receiving party remarries, or if a cohabitation relationship by the receiving spouse can be proven. Under Illinois law, a de facto marital relationship (one that is not officially sanctioned) is treated no differently than a de jure (officially sanctioned) marriage.

But what if your ex is receiving spousal maintenance and is, for all practical purposes, living with another person – but denies that fact so he or she can continue receiving spousal maintenance? This is a situation that can benefit greatly from the assistance of an Illinois family law attorney who can help you prove your ex is cohabitating and should not continue receiving spousal maintenance.

Do I Have to Go to Court to Prove Cohabitation?

When the spouse receiving spousal maintenance remarries, spousal maintenance terminates automatically as a  matter of law, but it is far more complex when a spouse is cohabiting. The spouse who is paying maintenance must go to court and prove that his or her ex-spouse is living with another person in a marriage-like relationship. Under the Illinois statute, when the receiving ex-spouse cohabits with another person on a "resident, continuing, conjugal basis," spousal maintenance ends. It is, however, the responsibility of the paying spouse to show that his or her ex is involved in a de facto marriage.  

How Does the Court Determine Whether a Person is Cohabiting?

The court will look at several factors when determining whether a person is cohabiting with a significant other. These factors include:

• How long has the relationship lasted?

• How much time does the couple spend together?

• Are the couple’s finances intertwined?

• What types of activities do the couple engage in together?

• Does the couple take vacations together?

• Does the couple spend holidays together?

Other important factors can include whether the couple bought a home together, whether they divide household expenses or share a joint bank account, or whether the couple co-signed loans for one another. Even such simple things as sending out Christmas cards together can help show cohabitation.

How Do I Prove My Ex is Cohabiting?

Simply saying that one’s ex is cohabiting is not enough. There must be evidence to back up that claim. This evidence can come in many forms. Those paying spousal maintenance may hire a private investigator to prove their ex is cohabiting, or they may do some sleuthing on their own. It is important that those who choose to do this on their own not break any laws when obtaining evidence.

Photographs or videos of both parties entering the residence and staying overnight can help prove cohabitation. Other documentation, like household bills with both names on them, joint credit card statements, or any legal documents that show the parties share a household, is also useful. If an ex-spouse’s boyfriend/girlfriend receives mail or even a magazine subscription at the ex-spouse’s address, this could help prove cohabitation.

In our age of social media, evidence to prove cohabitation can also be found on Facebook, Instagram, Twitter, TikTok, and other social media sites. If the receiving spouse posts photos of the couple spending holidays together or taking vacations together, this is compelling evidence that helps prove cohabitation. Finally, evidence that neither party has another residence, is probably the most significant fact to help convince a judge that cohabitation is occurring.

Contact a DuPage County, IL Spousal Maintenance Lawyer

If your ex is doing his or her best to continue receiving spousal maintenance despite cohabiting with another person, you need a highly experienced Wheaton, IL spousal maintenance attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. MKFM Law serves family law clients at our offices in Kane County, DuPage County, and DeKalb County for your convenience. Call 630-665-7300 to schedule your initial attorney meeting to discuss your family law issue.