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.
Illinois statute, 750 ILCS 5/510(c), provides that the cohabitation of the party receiving maintenance with another person on a resident, continuing conjugal basis is grounds for the termination of maintenance.
Cohabitation is not specifically defined in the statue but has been interpreted by many Illinois courts. No set standard has been created for determining if cohabitation exists. Courts make the determination on a case-by-case basis. Courts consider both the nature of the relationship and the financial circumstances in making their determination.
In making, the determination courts have considered several factors. These factors include but are not limited to:
· The length of the relationship;
· The amount of time the couple spends together;
· The nature of the activities engaged in;
· Whether the couple vacations together; and
· Whether the couple spends holidays together.
The burden of proving cohabitation is on the party seeking to terminate maintenance.
For more information on how cohabitation might influence your maintenance, please feel free to contact The Law Office of Bradley R. Tengler in Rockford, IL at 815-981-4859 for a free consultation. Please note, the above does not constitute legal advice. Please discuss your specific rights with an attorney in your own jurisdiction.