Under Illinois law spousal maintenance ends upon the death of either party, the remarriage of the recipient, or if the party receiving maintenance cohabits with another person.
Cohabitation Terminates Alimony – But What is It?
What “cohabiting with another person” means is not exactly straight forward, but the courts generally look a the following factors in order to make a determination:
- The length of the relationship
- The amount of time a couple spends together
- The nature of activities they engage in
- The interrelation of their personal affairs
- Whether they spend vacations or holidays together
Myths Concerning Cohabitation Where Alimony is Concerned
Perhaps surprisingly to some, the existence of a sexual relationship is not required to prove the existence of a cohabitating relationship. Also of note, just because the new partner isn’t contributing financially does not necessarily mean that a recipient will continue to receive maintenance as it is not the payor’s responsibility to make up for a defacto husband or wife’s lack of income. Lastly, despite the fact that you or your ex may live apart from a new love interest may not save your alimony from the chopping block.
Contact a Termination of Illinois Spousal Maintenance Lawyer Today
Under Illinois law, cases involving the termination of spousal maintenance due to cohabitation run the gamut and are decided on the unique facts of the case. If you believe that your obligation to pay spousal maintenance should be terminated because of an issue involving cohabitation or feel that your alimony is being threatened by the same, contact the Libertyville Illinois Family Law offices of Ronald L. Bell & Associates at 847-495-6000 for more information today.