Over the past few months, our firm has discussed recent transformations within Illinois family law. Most changes went into effect at the beginning of 2016. Much to our liking, one legal amendment has helped elucidate spousal maintenance formulas in terms of calculating the amount and duration of support payments pursuant to a divorce.
Under Illinois law cohabitation is one way to terminate maintenance. Maintenance, formerly known as alimony, is when one spouse is required to provide financial support to the other spouse after the divorce. Under Illinois law, several events can lead to the termination of maintenance payments. Cohabitation is one of those events.
If you are considering a divorce, you are most likely aware of your rights to alimony, or "maintenance", as it is commonly referred to in Illinois. Maintenance consists of an agreement between two divorcing parties ordered by the courts in which one spouse makes consistent monetary payments to the other after the dissolution of marriage. As you proceed with your divorce, it is important to be aware of the factors surrounding maintenance law. The following describes some of the factors the courts will consider in ruling on divorce maintenance.