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:
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