Can you modify spousal maintenance due to cohabitation?

When a divorce is finalized, a spousal maintenance order provides financial support to a former spouse. However, life circumstances can change, and one of the most significant changes is when the person receiving maintenance begins living with a new partner. The short answer is yes, spousal maintenance can be terminated if the receiving party cohabitates with another person on a resident, continuing conjugal basis. This complex issue requires a clear understanding of Illinois law.

At WARD FAMILY LAW, LLC, we guide clients through post-divorce modifications with clarity and professionalism. This post will explain:

• What the law says about cohabitation and spousal maintenance.
• The legal definition of cohabitation in Illinois.
• The steps required to request a modification from the court.

What Constitutes Cohabitation in Illinois?

Under Illinois law, the obligation to pay future spousal maintenance is terminated if the party receiving maintenance cohabitates with another person on a “resident, continuing conjugal basis.” This is more than simply having a new boyfriend or girlfriend or sharing expenses with a roommate. The courts look for a relationship that resembles a marriage.

To determine if a cohabitating relationship meets this legal standard, a court will consider several factors. No single factor is decisive; instead, the judge evaluates the totality of the circumstances. Key indicators include:

• Length of the relationship: How long have the individuals been together?
• Time spent together: Do they spend a significant amount of time at a shared residence?
• Nature of their activities: Do they function as a couple, such as taking vacations together, attending family events, or sharing meals?
• Interrelation of their personal affairs: Have they intertwined their finances by sharing bank accounts, or is one person financially supporting the other?
• Shared living arrangements: Do they share a home and contribute to household duties and expenses?

A platonic roommate situation does not meet this threshold. The relationship must have a romantic element and the appearance of a marital-style partnership to qualify for maintenance termination.

How Does Cohabitation Affect Spousal Maintenance?

If a court determines that the recipient of spousal support is cohabitating on a resident, continuing conjugal basis, the paying spouse’s obligation to provide further maintenance is terminated. It is important to emphasize that this termination is not automatic. The paying spouse must file a motion with the court to request a modification or termination and prove that the cohabitation standard has been met.

The termination applies to maintenance payments due after the motion is filed and the recipient is notified. It is not retroactive, meaning the receiving party does not have to pay back any support they received while cohabitating before the legal action was initiated.

What Are the Steps to Request a Modification?

If you are paying spousal maintenance and believe your former spouse is cohabitating, you must take formal legal action to stop the payments. The process generally involves these steps:

1. Gathering Evidence: The burden of proof is on the person seeking to terminate the maintenance. This requires collecting evidence that demonstrates the cohabitating relationship. This might include testimony from witnesses, photographs, social media posts, or financial records that show intertwined lives.
2. Filing a Motion to Terminate Maintenance: Your attorney will file a formal motion with the court that originally handled your divorce. This motion outlines the reasons for the request and presents the argument that your ex-spouse’s relationship meets the legal definition of cohabitation.
3. Discovery and Hearing: Both parties will have the opportunity to present evidence through the legal discovery process. The court will then hold a hearing where a judge listens to testimony, reviews the evidence, and makes a final determination.

Protect Your Financial Future with Legal Guidance

Navigating a spousal maintenance modification requires a detailed understanding of Illinois law and a strategic approach to gathering and presenting evidence. The attorneys at WARD FAMILY LAW, LLC, possess the experience to guide you through this complex process. Whether you are seeking to terminate payments or are defending against a modification request, we will protect your rights and advocate for a fair outcome. Contact us today to schedule a confidential consultation.