How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30379
Experience:  Attorney with experience in family law.
26798026
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I live in Illinois. I pay alimony. My wife lives with

Customer Question

Good morning. I live in Illinois. I pay alimony. My wife lives with another guy at least 50% of the time - he stays in her home - they have a sexual relationship, they do things together - including with my kids, spend holidays together, at what point can I contest the alimony payment?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

In order to terminate alimony, they have to be living together in a relationship similar to marriage. If he's only sleeping over half the time, that's usually not enough. They'd have to be spending the night in the same property most of the time, if not every night. The idea is that, when a couple lives together, they share expenses. If they're each maintaining separate residences, that's not enough unless you can establish that one of the residences is kept purely as a sham to keep receiving alimony.

Customer: replied 2 years ago.
Is it enough to modify the alimony? If he's there 50% of the time, would it make sense to reduce by 50%?
Expert:  Lucy, Esq. replied 2 years ago.

Unfortunately, reduction is really an all-or-nothing thing unless her income changes. He'd have to be living there to get it reduced or ended. A person who spends 50% of their time in your house isn't necessarily contributing to 50% of the expenses - quite honestly, depending on if he contributes for food and stuff, he could be costing her more than if he weren't there. So, they have to be living together. I'm sorry.