The Legal Nuances of Cohabitation in Relation to Alimony

 Posted on October 22,2024 in Spousal Maintenance

Although most people who receive spousal maintenance in Illinois understand that those payments will stop if they remarry, cohabitation, or living with another person, can also result in the termination of monthly payments. A complex group of factors must be carefully navigated to avoid the termination of monthly spousal maintenance payments – which could be a financial lifeline for you at this point in your life.

Perhaps you are not cohabitating with another person in the romantic sense; rather, you are renting out a room in your home to an old friend who just happens to be of the opposite sex. Even though you may only be trying to bring in some needed cash while helping an old friend, appearances can be everything. It could be helpful to speak to an experienced Naperville, IL spousal maintenance lawyer from Calabrese Associates, P.C., who can determine where you stand legally.

How is Cohabitation Defined?

Cohabitation means living with another person on a conjugal basis. As you might imagine, this legal framework is broad, and the lines can be blurry. The burden of proof lies with the person paying spousal maintenance to prove that his or her ex is cohabitating with another person and is no longer entitled to spousal maintenance payments. Sharing physical space with another person is not the only criterion for determining whether you are cohabitating.

The court may look at issues such as vacationing together, spending major holidays together, sharing a bank account or other financial account, and owning property together. In today’s world, even your social media posts can also be used to determine whether you are cohabiting with another person. It is important to note that family court judges have broad discretion in determining whether cohabitation is occurring.

In one case, maintenance had been withheld because the man believed his ex was cohabitating. The judge denied the case even though the man could prove the couple had taken vacations together, owned property, shared celebrations, and even purchased an engagement ring. In this case, the judge ordered the man to pay the spousal maintenance payments he had withheld.

How Social Media Can Tip the Scales When a Judge is Determining Whether Cohabitation Exists

Unfortunately, social media can hurt you if your ex is looking for an excuse to discontinue your spousal maintenance. Obviously, changing your relationship status to "in a romantic relationship" is probably not a good idea. Photos of you and another person that could be misconstrued as a romantic relationship could be used to prove cohabitation.

Remember that nothing you post online is private, and a perfectly innocent post could have real-life implications if your ex is trying to prove you are cohabitating. Recent cases have shown a definite trend toward terminating spousal support in cases where it appeared the receiving spouse was cohabitating with another person.

Avoid Even the Appearance of Cohabitation to Prevent Spousal Maintenance from Being Stopped

As noted, judges have significant discretion in interpreting the laws surrounding cohabitation. A judge might look at the duration and frequency of shared activities – which could be totally innocent. In the end, if continuing to receive spousal maintenance payments is crucial to your financial well-being, you should be extra cautious about sharing joint finances, buying property with another person, and even the perception that you have an ongoing romantic relationship with another person.

Contact a DuPage County, IL Spousal Maintenance Attorney

If you have further questions regarding spousal maintenance and cohabitation, a skilled Naperville, IL spousal maintenance lawyer from Calabrese Associates, P.C. can help. Attorney Michael J. Calabrese is a former DuPage County Bar Association Family Law Committee chair who lectures on family law issues. After utilizing all means possible to resolve this issue on your behalf via negotiation, we are prepared to zealously represent you in court when necessary. Call 630-393-3111 to schedule a consultation to discuss your issue.