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Modifying Spousal Maintenance When Ex-Spouse Cohabitates

cohabitation and spousal maintenance

If you are ordered to pay Illinois spousal maintenance and your ex-spouse remarries, the spousal support obligation ends. If an ex-spouse simply cohabitates outside of marriage with a new partner, the support obligation may be modified or terminated under certain circumstances. Because it is sometimes unclear whether a relationship is in fact cohabitation, the Illinois courts consider various factors to determine if a couple is legally cohabitating such as:

Cohabitation Determinations

A court will look at the situation in its entirety – a couple need not check off each factor to be cohabitating. Different courts may weigh more heavily on certain factors over others to decide if a relationship is in fact cohabitation. If evidence warrants a finding of cohabitation, a court may grant discovery – a legal process to obtain additional information including financial info – in order to make a cohabitation determination.

Contact an Experienced Family Law Attorney for Help

If you have questions regarding the modification or termination of Illinois spousal maintenance due to cohabitation of an ex-spouse, contact the Libertyville family law offices of Ronald L Bell & Associates P.C. for additional information today.

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