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Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 34464
Experience:  30 plus years of experience.
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I have been divorced for almost 4 years. I am paying

Customer Question

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?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: IL
JA: Has anything been filed or reported?
Customer: Not as of yet
Submitted: 2 months ago.
Category: Family Law
Expert:  Loren replied 2 months ago.

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.

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Expert:  Loren replied 2 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.

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Expert:  Loren replied 2 months ago.

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

Expert:  Loren replied 2 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.

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Thank you!