When couples divorce in Illinois, one of the most common ongoing financial issues is spousal maintenance (formerly called alimony). A question that frequently arises after a divorce is what happens when the receiving spouse begins living with a new partner. Under Illinois law, cohabitation can have a significant impact on maintenance obligations.
Under the Illinois Marriage and Dissolution of Marriage Act, maintenance may be terminated if the receiving spouse is “cohabiting with another person on a resident, continuing conjugal basis.” In practical terms, if a former spouse enters into a relationship that functions similarly to a marriage, even without formally marrying, maintenance may end.
However, simply dating or spending time together is not enough to terminate maintenance. Illinois courts examine the totality of the circumstances to determine whether a relationship rises to the level of cohabitation. Courts commonly consider factors such as whether the couple lives together, shares finances or expenses, spends holidays or vacations together, and presents themselves publicly as a committed couple.
Recent appellate decisions continue to emphasize how fact-specific these cases can be. In In re Marriage of Saunders (2024), the Illinois Appellate Court reversed a trial court’s decision that had terminated maintenance, finding that a 17-month romantic relationship did not demonstrate the permanence or commitment necessary to qualify as a “de facto marriage.”
Similarly, in In re Marriage of Mattson (2024), the court affirmed the denial of a petition to terminate maintenance where the paying spouse presented surveillance and other evidence but failed to show that the parties shared a residence, finances, or household responsibilities. The decision reinforces that courts require proof of a genuine conjugal partnership—not merely a dating relationship.
Other recent cases have reached similar conclusions, underscoring that long-term romantic relationships alone are often insufficient without evidence of financial interdependence or a shared household.
Importantly, the burden of proof falls on the person seeking to terminate maintenance. The paying spouse must demonstrate that the relationship meets the legal standard for cohabitation.
Understanding how Illinois courts evaluate cohabitation can help you protect your financial interests and ensure that maintenance obligations are applied fairly under the law. Because these cases are highly fact-specific, they often require careful legal analysis and evidence such as financial records, shared bills, surveillance, and testimony regarding the nature of the relationship.
If you believe your former spouse may be cohabiting, or if you are receiving maintenance and have questions about how a new relationship could affect your support it is important to speak with an experienced attorney.
Samuel T. Czervionke, Partner
For more on Mr. Czervionke, please visit: www. beermannlaw.com/team/samuel-t-czervionke.
