Can I stop paying spousal support when my ex moves in with a new partner?

By Laura R. Gottlieb
May 06, 2015
IL FAQs/Alimony and Spousal Support

The Illinois Marriage and Dissolution of Marriage Act provides that a party’s “obligation to pay future maintenance is terminated […] if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis,” unless “otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court.” (750 ILCS 5/510(c)).

 

The maintenance recipient must reside with another and be involved in a de facto marriage-like relationship with that person for a court to consider terminating the maintenance obligation. In determining whether or not a de facto marriage-like relationship exists, the court looks at a variety of factors, including the following:

  • duration of the relationship;
  • duration of residency;
  • whether household expenses are shared;
  • whether joint bank accounts are maintained;
  • whether funds have been commingled;
  • whether they socialize together;
  • attend family events together;
  • whether they share meals;
  • whether they share household chores;
  • whether they exchange birthday/holiday gifts;
  • whether they send out joint holiday cards and/or letters;
  • whether they spend holidays/go on vacation together;
  • whether they hold themselves out as a family; and
  • whether people outside the relationship would consider them a family.

Laura R. Gottlieb is a family lawyer at Boyle & Feinberg, P.C. in Chicago, IL. Find out more about Laura and her firm by viewing their profile here.

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May 06, 2015
Categories:  FAQs

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