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I have been divorced for almost 4 years. I am paying

Customer Question
I have been divorced...

I have been divorced for almost 4 years. I am paying maintenance to my ex. It is my understanding that this will end when she marries or cohabitants. What constitutes co-habitation? And how do I re approach the court to prove this?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

IL

Lawyer's Assistant: Has anything been filed or reported?

Not as of yet

Submitted: 10 months ago.Category: Family Law
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Answered in 1 minute by:
8/15/2017
Family Lawyer: Loren, Lawyer replied 10 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,269
Experience: 30 plus years of experience.
Verified

Thank you for using JA. I am Loren, an Illinois licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. The offer is not from me. While I am happy to speak to you, there is no obligation for you to accept the phone call offer, unless you want. I am also happy to continue online. So, there is no pressure to spend extra money.

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Family Lawyer: Loren, Lawyer replied 10 months ago

Under Illinois law, the paying spouse’s obligation to pay alimony ends immediately when the supported spouse begins cohabiting with another person. Cohabitation means that two people are living in a manner similar to a spousal relationship. Cohabitation is not an objective standard but one interpreted by the court. When the court is deciding whether two people are cohabiting or simply in a “dating” relationship, the judge will consider the following factors:

  • the length of the relationship
  • how much time the couple spends together
  • the nature of activities the couple engages in
  • the interrelation of their personal affairs (for example, whether they have joint accounts, contribute jointly to pay bills, have purchased property together, and so on)
  • whether the couple vacations together, and
  • whether the couple spends holidays together.

It basically boils down to whether the couple are making a home together or just roommates.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Family Lawyer: Loren, Lawyer replied 10 months ago

Did you have further questions? Have I answered your question?

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Family Lawyer: Loren, Lawyer replied 10 months ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,269
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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