In Illinois, spousal support/alimony is called maintenance. It is an amount of money that one spouse pays the other during and after divorce. Sometimes, the court decides how much maintenance is paid. Other times, the parties come to an agreement. It typically happens when one spouse earned much more than the other. It also typically ends when you re-marry or get a “roommate” that is just like a spouse.
Maintenance can be temporary – during the divorce process – or more permanent. Although it can continue indefinitely, spousal support usually has an end. The support order from the judge, or the agreement signed by the parties, often lays out the specifics.
Maintenance can end on a specific date, such as three years after the divorce is finalized. Sometimes, maintenance continues until a certain event. For example, if the purpose of maintenance is to support the former spouse while they become financially independent, it may end when they become fully employed.
Regardless of what an agreement might say, in Illinois, certain events usually terminate maintenance — death, remarriage or cohabitation.
“Cohabitation” is often disputed because the definition is fairly vague. Basically, cohabitation is living with someone in a continuing, conjugal way. “Conjugal” means marriage-like, but it doesn’t necessarily have to be a sexual relationship. The idea is that if your ex is sharing living expenses with another person, then they probably don’t need maintenance any longer. The courts look at whether there are joint bank accounts and credit cards, whether living expenses are shared, and the type of relationship the two people share.
In some cases, simply having a roommate can end maintenance. Again, the courts are usually focused on the financial situation of the person receiving maintenance. The purpose of spousal support is often to help the lesser-earning spouse get on their feet, and if they are sharing expenses with another person, the court may decide they no longer need the maintenance payments.
If you are seeking to end payments based on cohabitation of your ex, you will have to prove that the living arrangement is the type that will end spousal support. Don’t make the decision yourself and simply stop paying, even if it seems crystal clear. In most cases, you aren’t officially off the hook until a judge says so. So get into court and have your maintenance obligation formally terminated.
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