When Can My Ex Stop Paying Alimony in Illinois?

 Posted on June 16,2024 in Spousal Maintenance

For many spouses who go through divorce, alimony — also known as spousal support or spousal maintenance — is a lifeline. This is especially true for stay-at-home parents who will struggle to re-enter the workforce after the divorce. A divorce court will issue a spousal support order if it feels that one spouse needs the financial help.

However, alimony is rarely paid forever. There are certain scenarios in which your ex can stop making spousal support payments, some of which will be discussed in this article. Remember that the best way to know if your alimony is in jeopardy is to consult your Illinois alimony attorney.

Here are three scenarios in which you might stop receiving alimony payments.

Remarriage

If you are receiving spousal support and you get remarried, your ex is no longer required to continue making payments. This is because, under Illinois law, you are in a “supportive relationship,” which means that your new spouse is expected to support you. The law will not continue to force your ex to pay alimony if you are also receiving financial support from a new partner.

Cohabitation

For the same reason, your ex can stop making payments if you are cohabiting with someone else. Cohabitation is when two people live together but are not legally married. Signs of cohabitation include:

• Sleeping in the same bedroom

• Spending holidays together

• Vacationing together

• Having both names on the utility bills

• Having both names on the residential lease

• Having joint bank accounts

Illinois law also considers cohabitation to be a supportive relationship. If you are cohabiting with someone, your ex can petition the court to terminate the spousal support order. He or she will need proof of your cohabitation, however.

Court Order

The other scenario in which your support will stop is if it says so in the original spousal support order. Many support orders are fixed, which means they end on a certain date. That date is up to the judge’s discretion. The judge may choose a specific date, for example, because it gives you enough time to find gainful employment. Or, a judge may order your alimony to last for a certain amount of time based on the duration of your marriage. A spouse who was married for 20 years or longer will sometimes receive lifetime alimony. However, this will also end if the receiving spouse gets remarried.

Contact a Wheaton, IL Alimony Lawyer

Sometimes ex-spouses have legal grounds to terminate alimony payments, but sometimes they jump the gun and stop spousal support before it is legal to do so. Make sure to consult an experienced DuPage County, IL alimony attorney if you think you might wrongly stop receiving alimony payments. At Goostree Law Group, we have more than 80 years of combined experience and we have seen every kind of case involving terminated alimony payments. Bring us your case and let our skilled attorneys make sure you receive every cent of spousal support you are owed. Call 630-364-4046 to schedule a free consultation today.