Do I need to pay maintenance if my Ex moved in with someone else?

November 18th, 2024 by Tiffany Hughes

            During a divorce proceeding, a common issue that tends to come up is the issue of maintenance in Illinois, previously known as alimony. If a certain set of factors are present in a given case, a court may find it appropriate to award maintenance to one spouse to be paid by the other spouse. For more information on what those factors are, please see our blog on maintenance.

When Does My Spousal Maintenance End?

On the other hand, there are also a number of reasons why a court may see fit to terminate maintenance or alimony in a given case. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides that courts can designate different types of maintenance or alimony in Illinois to automatically terminate on a specified date, upon the receiving spouse’s remarriage, upon death, by voluntary agreement, by petitioning the court, or given proof that the receiving spouse is cohabitating.

What is Cohabitation?

Cohabitation is a mutually supportive intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household. As mentioned above, courts will usually automatically terminate a former spouse’s maintenance or alimony obligation when the receiving spouse is proven to be cohabitating with another individual.In re Marriage of Sunday, 354 Ill. App. 3d 184, 189 (2004) the court stated that  “the purpose underlying the statutory termination of maintenance or alimony when the recipient spouse cohabits with a third party is to remedy the inequity created when the recipient spouse becomes involved in a husband-wife relationship but does not formalize the relationship, so that he or she can continue to receive maintenance or alimony from his or her ex-spouse.” Put simply, it is unfair to the paying spouse to continue paying maintenance or alimony when the receiving spouse is practically remarried.

Difficulty in Proving Cohabitation

            Proving cohabitation is no easy feat. The IMDMA specifies that, in order for the court to find that the receiving spouse is actually cohabitating with another person, and not just dating them, the receiving spouse must be living with said person on a “resident, continuing, conjugal basis.” Proving this requires a fact-intensive analysis based on the nuances of each unique case. As such, it is important that you consult an experienced attorney who is well versed in the area of family law.

Need More Information or Representation?

If you are filing for a divorce and wanting to know what cohabitation is and how it may affect the Court’s award of maintenance (also known as alimony), give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is getting a divorce in Illinois, is engaging in post-decree litigation, has a Marital Settlement Agreement, is paying maintenance to their ex-spouse, wanting to know when spousal maintenance ends, is looking to prove cohabitation, terminating maintenance in Illinois, reimbursing maintenance payments, is wanting to know more about the types if maintenance in Illinois, or is asking if they need to pay maintenance if their ex-spouse moved in with someone else.

      About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.