Maintenance and Cohabitation | Family Lawyer Magazine
As part of showing the relationship similar to a marriage, the parties should be proven to EITHER be sharing expenses OR having a sexual. In re Marriage of Miller, Il App (2d) , 40 N.E.3d (). held that the former wife's meretricious conduct, in living with a man to whom was not sufficient to terminate the husband's obligation to pay alimony. In these jurisdictions, a spouse seeking to end alimony will be expected to show some proof of the cohabitation or meretricious relationship. For this purpose, a.
At the same time, legislatures in the majority of states have made it clear that they did not intend to create a moral standard for people involved in less traditional relationships.
Illinois Cohabitation Agreement - Living Together| US Legal Forms
Therefore, the courts consider several factors and the inquiry is an intense, fact-based one. Some of the most common factors are: The case law previously focused on all these factors without outlining if more weight was being given to one or another.
However, in the last decade there appears to be a discernible shift where courts are consistently less concerned about the length, frequency or intimate aspect of the new relationship, and more with the actual financial intertwinement of the recipient and new significant other. In fact, there are several instances of cases where the new couple spent holidays and vacations together, even several overnights a week.
Illinois Cohabitation Forms
In some instances the parties, while actually living together, each paid their own expenses, and courts have found that the ex-spouse seeking termination based on cohabitation has failed to meet his burden as the need for financial support continued where the ex -spouse was not receiving financial benefits from a new relationship.
Essentially, the need of the recipient spouse has become the biggest factor in determining whether the maintenance payments continue.
In Illinois the case law indicates that even when a recipient ex-spouse is living with her significant other, or he is with her multiple nights a week, they vacation together, and in some instances have joint club membership, it is not a basis for termination unless there are economic factors such as equitable contribution to household expenses, loan of funds, purchases of significant items such as cars for one another and payment of bills on the others behalf, and an intended permanence to the relationship.
Essentially, the courts are differentiating between a significant dating relationship and actual cohabitation in the sense of financial intertwinement and expectation of long-term commitment akin to a marital relationship.
Further, a seminal new Illinois Appellate Court ruling in May from the Second District adds to this analysis in a significant manner.
On the East Coast while as evidenced by cases such as Gavet v. While the application of this holding was inconsistent before it is in fact much more consistent in the last decade. There are instances where the court focusing on the financial need has not terminated maintenance but reduced it after determining the average monetary value of the benefit received by the new significant other.
The New Hampshire Court in Bisiq v. Bisiq reduced maintenance to the recipient ex-wife because there was evidence her new paramour contributed to some expenses such as rent, utilities and travel, but his contribution was not significant enough to justify anything but a decrease in the amount.
Cohabitation Agreements after the Civil Union Act
Bisiq v Bisiq NHA2d Amii v AmiiHawaii App P2d The main factors that seem to determine between a finding of one or the other is the existence of an intention of permanence akin to a level of commitment assumed in a marriage and the comingling of finances. This article explains how a supported spouse's remarriage or cohabitation affects alimony under Illinois law.
If you have additional questions about remarriage and alimony in Illinois after reading this article, you should consult a local family law attorney. Overview of Alimony in Illinois In Illinois, there are several types of alimonywhich may take the form of a lump-sum payment, a transfer of property, or periodic payments.
Periodic alimony, by which the supporting spouse makes payments on a schedule usually monthly to the supported spouse, is the most common type of spousal support. Periodic alimony is usually set for a specific period of time, or until some event occurs—although in rare cases and long-term marriages, the court will award permanent alimony. When deciding whether to award a spouse alimony, Illinois courts will consider the following factors: Impact of Remarriage on Alimony in Illinois Unless the spouses agreed otherwise in their divorce agreement, alimony ends automatically in Illinois when the supported spouse remarries.
The supported spouse must notify the paying spouse at least 30 days before or within 72 hours of the marriage. The paying spouse is entitled to reimbursement for any payments made after the date of the wedding. The paying spouse must still pay any amounts that were already due as of the date of remarriage.
Also, if alimony was in the form of a lump-sum payment or property transfer, the paying spouse must still complete that payment or transfer, even if the supported spouse has remarried.