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How Does a New Relationship Affect Illinois Spousal Support Payments?

Posted on in Divorce

Kane County spousal maintenance lawyerThe years after a divorce can be a difficult transition period for many people. You may still be tied to your former spouse through elements of your divorce order, while at the same time trying to move forward with your life. Often, your past and future can influence each other in complicated ways, including when it comes to the legal terms of your divorce resolution. One situation to pay close attention to is starting a new romantic relationship during an active spousal support order.

Effects on the Spouse Who Receives Support

In Illinois, spousal support orders usually last for a limited time, so as the receiving spouse, you will need to prepare for the payments to end eventually. However, a new romantic relationship can lead to the end of spousal maintenance sooner than you expect. Spousal support will not end simply because you start dating new people, or even because you enter a committed relationship with someone new. However, if the court determines that you are in a cohabiting relationship, the maintenance order can be terminated effective on the date the cohabitation began.

Defining a cohabiting relationship can be complicated, but in general, the court will consider things like the length of the relationship; the amount of time the partners spend together, including overnight stays; how they spend that time together; and whether they share property, expenses, or joint financial accounts. If the partners legally marry, the case becomes much more straightforward, and maintenance obligations will end on the date of marriage.

Effects on the Paying Spouse

If you have been ordered to pay spousal support, you can move for the termination of the order as soon as you become aware that your former spouse has remarried or begun a cohabiting relationship. You may need to prepare to present evidence of the nature of their relationship in order for your petition to succeed. If your petition is successful, and you have made maintenance payments after the date of remarriage or cohabitation, you are entitled to reimbursement.

Keep in mind, however, that as the paying spouse, your own remarriage or cohabiting relationship is not grounds for terminating your payment obligation. You should be sure that your ongoing support payments fit into your budget along with any financial commitments you make to your new spouse or partner.

Contact a Kane County Spousal Support Lawyer

If you have concerns about the impact of a new relationship on your spousal support order, the St. Charles divorce attorneys at the Law Offices of Benedict Schwarz, II PC can help. We will answer your questions and help you protect your interests in post-divorce proceedings. For an initial consultation, contact us today by calling 847-428-7725.

 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

https://casetext.com/case/in-re-marriage-of-sunday

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