When Does Spousal Support Stop?

 Posted on March 10, 2016 in Main

Maintenance in Illinois usually takes the form of either a lump sum payment or periodic payments over a period of time. Under Illinois law maintenance terminates upon remarriage and/or cohabitation of the spouse receiving maintenance with an adult individual on a continuous conjugal basis.

Under Illinois law, once a marriage ceremony has been performed, spousal support terminates. Compared to a remarriage situation, support issues regarding cohabitation are more vague and complex. If one spouse can show that the other is living with someone else “on a resident, continuing conjugal basis,” then he or she can petition to have maintenance payments terminated. However, cohabitation is not as defined as remarriage.

The crux of the matter is that the two people in question must be living in a “de facto husband and wife relationship” to be considered cohabitating. There are many different factors that a court will consider when deciding whether this is in fact the case. Factors include:

• Whether the two people's finances—joint accounts, cosigning on loans, paying for specific assets together—are intermingled;
• Whether the couple shares a living situation for the majority of the time, including eating meals together and sleeping in the same room; and
• Whether the couple observes birthdays and other personal occasions together.

While it may have been a persuasive factor in the past, in today's society, cultural mores do not necessarily dictate that the mere existence of a sexual relationship equals anything more serious. As such, it is not necessary to prove the existence of a sexual relationship.

Contact a Divorce Attorney

If you are in a position where you believe your ex-spouse may no longer be entitled to maintenance payments, it is a wise to consult an attorney. The skilled Wheaton, Illinois divorce attorneys at MKFM Law are well versed in this area of law and we will do our best to help. Call us today at 630-665-7300 or use our website to schedule an appointment.

Sources:

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

http://www.isba.org/sites/default/files/cle/William%20Scott.pdf