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Do I Still Have to Pay Maintenance If My Spouse Remarried?

Terminating Spousal Support Orders in Illinois

An obligation to pay maintenance, also known as alimony, will usually be terminated when the receiving spouse gets remarried. If you are making spousal support payments and your spouse remarries or moves in with a new partner on a resident, continuing conjugal basis, an experienced family law attorney can help you terminate your maintenance order.

Following your divorce, you may have been ordered to make maintenance payments to your ex-spouse. Maintenance—which is sometimes called spousal support or alimony—is intended to help your former partner maintain a reasonable standard of living after your divorce. Under Illinois law, maintenance orders may last for a certain number of years, or they may be permanent, depending on how long you were married. Unless you have an agreement that states otherwise, however, your obligation to pay maintenance can be terminated in specific situations.

According to the Illinois Marriage and Dissolution of Marriage Act, an obligation to make maintenance payments ends with the death of either spouse, the remarriage of the receiving spouse, or if the receiving spouse “cohabits with another person on a resident, continuing conjugal basis.” The law also specifies that your obligation will end on the date of the remarriage or the date on which the court finds that the cohabitation began. You may also be entitled to reimbursement for any payments made after that date. It is important to note that the same rules do not apply for child support payments, as your ex-spouse’s marital status has no bearing on your child support obligations—at least not in and of itself.

Protecting Your Rights in Schaumburg

At Anderson & Associates, P.C., we understand that while it is easy to find evidence of your spouse’s remarriage, proving that he or she is cohabiting with another person on a resident, continuing conjugal basis is often more difficult. There are many factors that must be considered, and we are prepared to help you build a case for terminating your maintenance obligations.

To learn more about your options, contact our office for a free consultation. Call 847-995-9999 to schedule an appointment at any of our four convenient locations.

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