When Do Spousal Maintenance Payments Terminate in Illinois?

 Posted on December 29, 2020 in Spousal Maintenance

Even in today’s world where a two-income household is becoming more of the norm, it is not uncommon to come across a family in which one parent works while the other stays at home to take care of the children. This may work during the marriage, but if the couple were to ever get a divorce, the stay-at-home parent could be at a significant financial disadvantage. In these types of situations, spousal support, also known as spousal maintenance or alimony, is sometimes awarded to a lesser-earning spouse to help them become self-sufficient and to ensure they are able to enjoy a similar standard of living that they enjoyed during the marriage. 

How Long Does Spousal Support Continue?

The terms of a spousal maintenance award, including the duration of the payments, can differ from case to case depending on a variety of factors. However, there are a few situations in which spousal support will almost always automatically terminate:

• Cohabitation: Illinois is one of the states in which spousal maintenance terminates when the receiving spouse moves in with or begins to cohabitate with a new partner. The spouse paying the support has the burden of proving the other spouse has a cohabiting relationship with another person, which is defined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as two people living with one another “on a resident, continuing conjugal basis.”

• Remarriage: Spousal maintenance also ends if the receiving spouse remarries. The IMDMA states that in most cases, the receiving spouse should notify the paying spouse of the impending marriage at least 30 days prior to the marriage to allow time to file for termination of support.

• Death: While it is not as common as the previous two situations, spousal maintenance also terminates upon the death of either party. If the paying party dies, his or her estate is not liable to pay the receiving party, and if the receiving party dies, no further payments are owed to his or her estate.

Contact a DuPage County Spousal Maintenance Attorney

Spousal maintenance decisions can be a stressful part of the divorce process whether you are the paying or receiving party. At the Goostree Law Group, we are committed to protecting your interests and advocating for your needs in all aspects of spousal maintenance. Our team of skilled Wheaton, IL spousal support lawyers will assess your case, fully explain your options, and guide you through the decision-making process. To schedule a free consultation, call our office today at 630-364-4046.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000