Alimony,
spousal maintenance, and
spousal support are all terms used to describe the financial support provided
by one divorcing spouse to his or her former partner. Maintenance payments may
be made in one lump sum, but they also often take the form of periodic payments
made over the course of a period of time. These payments may be set to continue
indefinitely, or to terminate after a fixed period of time.
Illinois law provides that one basis for termination of spousal maintenance, regardless of its type, is where the maintenance recipient "cohabitates" with a third party. Specifically, the Illinois Marriage and Dissolution of Marriage Act provides for termination of spousal maintenance payments if the maintenance recipient is found to be living with a third party on a “resident, continuing, conjugal basis.” Note that this is not limited to situations where the cohabitation takes place after the divorce; in some cases ex-spouses have been denied spousal maintenance where the cohabitation took place prior to the finalization of the divorce. The party seeking to terminate maintenance carries the burden of proving cohabitation.
A “Resident, Continuing, Conjugal Basis”
What, then, is a “resident, continuing, conjugal basis”?
These cases are typically fact specific. Often the values of the judge is an important factor. Other factors that Illinois courts will consider include sharing of living expenses, joint purchasing of household items, intertwining of bank accounts and credit card use, how long the maintenance recipient has been living with the third party, how much time the couple spends together, the interrelationship of the couple’s personal lives and affairs (e.g., whether the couple vacations or spends holidays together), and the nature of the activities the couple engages in. In other words, the term "conjugal" implies a "marriage-like" relationship. A simple house sharing or roommate arrangement will not rise to the level of "marriage-like," and therefore will not operate to terminate spousal maintenance.
Inconsistencies in Rulings
Given the fact specific nature of these cases, Illinois courts have been inconsistent in how they rule on such issues. It is strongly recommended that someone seeking termination of maintenance payments on the basis of cohabitation consult an Illinois divorce attorney. By the same token, if you fear your spousal maintenance payments are at risk due to what is merely a roommate situation, contact us immediately.
Illinois law provides that one basis for termination of spousal maintenance, regardless of its type, is where the maintenance recipient "cohabitates" with a third party. Specifically, the Illinois Marriage and Dissolution of Marriage Act provides for termination of spousal maintenance payments if the maintenance recipient is found to be living with a third party on a “resident, continuing, conjugal basis.” Note that this is not limited to situations where the cohabitation takes place after the divorce; in some cases ex-spouses have been denied spousal maintenance where the cohabitation took place prior to the finalization of the divorce. The party seeking to terminate maintenance carries the burden of proving cohabitation.
A “Resident, Continuing, Conjugal Basis”
What, then, is a “resident, continuing, conjugal basis”?
These cases are typically fact specific. Often the values of the judge is an important factor. Other factors that Illinois courts will consider include sharing of living expenses, joint purchasing of household items, intertwining of bank accounts and credit card use, how long the maintenance recipient has been living with the third party, how much time the couple spends together, the interrelationship of the couple’s personal lives and affairs (e.g., whether the couple vacations or spends holidays together), and the nature of the activities the couple engages in. In other words, the term "conjugal" implies a "marriage-like" relationship. A simple house sharing or roommate arrangement will not rise to the level of "marriage-like," and therefore will not operate to terminate spousal maintenance.
Inconsistencies in Rulings
Given the fact specific nature of these cases, Illinois courts have been inconsistent in how they rule on such issues. It is strongly recommended that someone seeking termination of maintenance payments on the basis of cohabitation consult an Illinois divorce attorney. By the same token, if you fear your spousal maintenance payments are at risk due to what is merely a roommate situation, contact us immediately.
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