Can Spousal Support Be Terminated Due to Cohabitation?

Strategy is crucial when deciding payments of alimony in a pending case or to determine what to do if you already entered into an agreement with your spouse.  Divorce disproportionately impacts finances, especially if one spouse did not work  during the marriage.When this occurs, the spouse in a better financial position may be ordered to pay alimony, or spousal support, to the other spouse during or after the divorce to help them maintain their standard of living while becoming financially independent. However, there are factors that are important if you have not finalized your divorce or you decide to modify or terminate spousal support after the divorce is finalized, including cohabitation or remarriage of the supported former spouse.

At Corri Fetman & Associates, Ltd., our team of legal professionals has years of experience advocating for our clients in tough alimony disputes throughout northern Illinois. Call the office or contact us today to schedule a consultation and discuss your case.

Cohabitation of the Spouse Receiving Alimony

If a supported former spouse begins to cohabitate with another person, it may be grounds for modifying or terminating alimony from the paying spouse. Illinois law generally defines cohabitation as a long-term living arrangement between two unmarried people sharing financial expenses. Courts will consider several factors in determining if a relationship meets the standard of cohabitation, which may or may not involve sharing a home. Proving a sexual relationship is also not required, but the court must have evidence that one cohabitant is providing the other with financial support.

The paying spouse may petition the court for the reduction or termination of alimony once their former spouse begins cohabitating with another person. While the court usually reduces alimony payments for cohabitation, termination of spousal support may be appropriate if there is evidence that some or all of the alimony payments are being used to financially support the former spouse’s cohabitant.

Factors considered when determining whether a couple is cohabitating include shared living space, the payment of the other’s expenses, joint property, whether the cohabitants present themselves as a couple to family and community members, and whether the cohabitants spend holidays and vacations together.

Remarriage of the Supported Spouse

In Illinois, the remarriage of a supported former spouse does not automatically terminate alimony payments by the paying spouse. A divorcing couple can stipulate in their divorce decree that alimony payments end upon the supported spouse’s remarriage, or a judge can issue an order terminating alimony payments. However, a former spouse paying alimony should not stop payments upon hearing that the supported spouse is remarried. This must be discussed with counsel and the agreement revieweed.

The spouse paying alimony needs to petition the court for the termination of alimony based on remarriage. It is important to discuss if continuing payments must be made if there is a judgment. As a general rule, payments in arrears must still be paid even if the court terminates future alimony payments. Therefore, it is crucial to discuss the strategy with an attorney.

Call or Contact Our Office Today

If you are paying or receiving spousal support payments or considering alimony prior to divorcing, it is crucial that you understand how this may impact your alimony payments. If you would like to speak with a skilled Illinois family law attorney about your spousal support issues, call the office or contact us at Corri Fetman & Associates, Ltd.​ today to schedule a consultation and let us review your case.