Modifying Spousal Maintenance Due to Cohabitation: What You Need to Know

When a couple goes through a divorce, spousal maintenance (or alimony) may be awarded to support the lower-earning or non-earning spouse. This financial assistance is designed to help one party maintain a lifestyle somewhat comparable to what they experienced during the marriage and the calculations take many factors and respective incomes into consideration. However, life is dynamic, and circumstances change—especially when one spouse enters a new relationship. If the receiving spouse begins cohabitating with a new partner, it may be grounds for modifying or even terminating spousal maintenance.

What is cohabitation? Cohabitation refers to living together in an intimate relationship without being legally married. In many jurisdictions, cohabitation is a significant factor that can ultimately terminate ongoing spousal maintenance payments. The rationale behind this is that the recipient spouse may now be receiving financial support from their new partner, reducing the need for continued assistance from the ex-spouse. However, cohabitation doesn’t automatically lead to a reduction or termination of spousal maintenance. Whether or not spousal maintenance is modified depends on the entry of any court orders, specific circumstances and the laws in your jurisdiction.

To modify spousal maintenance due to cohabitation, the paying spouse must typically demonstrate a substantial change in circumstances, which would be the cohabitation itself. Cohabitation is considered one of these changes, but courts often require more than proof that the recipient is simply living with someone else.

Courts may consider the following factors in weighing a modification or termination of spousal maintenance:

1. Financial Support from the New Partner: Is the new partner contributing to household expenses, such as rent, utilities, or groceries? If so, the court may find that the recipient spouse’s need for financial assistance has decreased.
2. Interdependence of Finances: Are the recipient and their new partner pooling financial resources? The court will look at whether the couple is sharing income and expenses in a way that mimics a marital relationship.
3. Length of the Cohabitation: Courts may be less likely to modify spousal maintenance based on short-term or casual cohabitation. If the cohabitation has been ongoing for a significant period, it may indicate a long-term, financially supportive relationship.
4. Purpose of the Cohabitation: The reason for the cohabitation matters. For instance, if two people are cohabitating strictly as roommates with no romantic involvement or financial interdependence, the court may not consider it grounds for modification.

If you believe your ex-spouse’s cohabitation warrants a modification of spousal maintenance, the first step is to retain an attorney to investigate the alleged changes in circumstance and then to file a motion with the court. You’ll need to demonstrate that your ex-spouse is cohabitating and that their financial situation has changed as a result. This may include gathering evidence such as joint bank accounts, shared leases, or documentation of shared household expenses. Then, with the assistance of an attorney, they will file a motion to modify spousal maintenance. The court will schedule a hearing to review the evidence and decide whether a modification is warranted. During the hearing, both parties will have the opportunity to present evidence and arguments. The burden of proof is on the paying spouse to show that cohabitation has significantly changed the recipient’s financial situation. If the court finds that cohabitation has substantially reduced the recipient’s need for spousal maintenance, it may reduce or terminate the payments. However, if the court finds that the cohabitation has not had a significant financial impact, spousal maintenance will likely continue as is.

If you are the recipient of spousal maintenance and your ex-spouse is seeking a modification due to cohabitation, you may need to demonstrate that your financial needs remain the same despite the new living arrangement. Some strategies for opposing a modification include separate finances, your cohabitation is not romantic, or if you are merely sharing living expenses with a roommate.

Changes in living arrangements can have significant implications for spousal maintenance. If you believe cohabitation is impacting your financial obligations or entitlements, consulting with a family law attorney can help you understand your rights and the best course of action. Reach out to Jennifer Ward of WARD FAMILY LAW, LLC at 312-803-5838 or jward@wardfamilylawchicago.com