If an ex moves in with a new romantic partner or remarries, can the payor ex-spouse stop paying maintenance?

By Chuck Roberts
November 10, 2016

If their ex remarries, then it’s almost universally true that the maintenance will terminate. There’s a mechanism where on occasion that doesn’t happen, but in the vast majority of cases, a remarriage will terminate the maintenance obligation. It’s a little bit trickier when the allegation or the assertion is that someone is living with someone. Illinois law requires for that to be a basis to terminate maintenance. It needs to be on a continuing basis – so it needs to be a full-time arrangement – it needs to be tangible in nature, and in addition to that, typically the court is looking for some kind of financial overlap between the co-habiting parties.

Financial overlap can be found where one person is contributing to another’s expenses or maybe there’s a joint bank account, or other things are happening whereby the parties that are living together are holding themselves out for all practical purposes as husband and wife – they just haven’t memorialized the arrangement with a legal marriage.

Chuck Roberts is a family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois. To learn more about Roberts and his firm, visit his profile or go to www.momlaw.com.

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November 10, 2016
Categories:  FAQs

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