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Will County divorce attorney spousal maintenance

When it comes to paying spousal support or maintenance (alimony), a common question is, “What happens if my ex remarries or starts living with someone else?” Do you still have to pay alimony in this situation? Under Illinois law, the remarriage of a former spouse receiving alimony automatically terminates the paying spouse’s obligations, unless the divorce settlement or judgment specifies otherwise. Even if the receiving spouse does not formally remarry, but instead starts “cohabitating” with another person, the paying spouse can still seek a court order terminating spousal maintenance. But keep in mind, unlike with remarriage, cohabitation does not automatically end alimony obligations.

Appellate Court Finds “Friends with Benefits” Relationship Not Enough to End Alimony

Indeed, just because you believe your ex is now involved in a “de facto” marriage with someone else, that may not be enough to convince a judge. Take this recent decision from the Illinois Fourth District Appellate Court, In re Marriage of Blue. This case involves a couple that divorced in 2015. A marital settlement agreement between the parties required the former husband to pay the former wife $1,200 per month in alimony. The agreement followed Illinois law and specified that spousal maintenance would terminate if the former wife “cohabited with another person on a resident, continuing, or conjugal basis.”

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