Can Spousal Maintenance End If My Ex Has a New Partner?

 Posted on May 05, 2025 in Spousal Maintenance

Imagine this: You are making monthly spousal maintenance payments to your former spouse as required by your divorce agreement. You then discover that he or she is living with a new partner. Understandably, you may wonder if you still have to pay spousal maintenance, especially if the couple shares a home, splits expenses, and appears to provide for each other. Since this new relationship has changed your ex’s financial situation, does it justify modifying or terminating support payments?

Many people face this scenario after divorce, and it can raise several questions when long-term maintenance is involved. However, specific situations under Illinois law can allow for a modification or termination of spousal maintenance. A Kane County divorce lawyer can help you understand whether your circumstances meet the legal criteria for modifying maintenance and guide you through the proper steps to request a change.

What Is Spousal Maintenance in Illinois?

Spousal maintenance, also known as alimony, refers to financial support paid from one former spouse to another after a divorce. Illinois courts will consider multiple factors when awarding maintenance, such as the length of the marriage, the income and needs of each spouse, and each spouse’s ability to support him or herself after divorce.

Spousal maintenance may be temporary or long-term, and it can also be set for a specific period of time or left open for future review. The terms of maintenance may be determined by mutual agreement between the spouses or ordered by the court during the divorce process. It is important to note that even court-ordered maintenance can be revisited under certain conditions, such as when significant changes in circumstances occur.

What Counts as "Cohabitation" Under Illinois Law?

Cohabitation refers to more than just staying overnight or dating. In the context of spousal maintenance, Illinois courts define cohabitation as a resident, continuing conjugal relationship—essentially, a domestic partnership that resembles marriage.

To determine whether a cohabiting relationship exists, courts consider multiple factors, including:

• The length and consistency of the relationship

• Whether the couple shares a residence

• The intermingling of finances or responsibilities

• The extent to which they present themselves as a couple in public

Cohabitation does not automatically end maintenance. Instead, the paying spouse must take certain steps to legally end the payments.

Can I Stop Paying Maintenance if My Ex Is Cohabitating?

You cannot stop making spousal maintenance payments on your own, even if you suspect your ex is living with someone. Instead, you must file a formal motion in court to ask for modification or termination of the maintenance order. The burden of proof lies with the paying spouse, meaning that you will need to show that the relationship fits Illinois’ legal standard for cohabitation.

The court will hold a hearing to review the evidence and determine whether your ex’s new relationship warrants a change in the maintenance arrangement. Because these cases often heavily rely on factual evidence, having proper documentation is essential.

What Evidence Helps Prove Cohabitation?

When working to terminate maintenance based on cohabitation, the strength of your evidence will directly influence the court’s decision. Illinois judges will look at the nature of the relationship and how integrated the couple’s lives have become. Some examples of useful evidence may include:

• Proof of shared living arrangements, such as a lease or mortgage

• Photos or videos of the couple living together

• Testimony from neighbors or acquaintances about the couple's daily life

• Social media posts or other documentation showing vacations or events spent together

These pieces of evidence can paint a picture of a marriage-like relationship that no longer justifies financial support from an ex-spouse.

What Happens if the Court Finds Cohabitation?

If the court determines that your ex is cohabiting in a romantic and financially interdependent way, the judge may end or reduce the maintenance order. When this decision is made, it is based on the reasoning that financial support is no longer necessary when a former spouse is essentially in a new domestic partnership.

The key point is that termination is not automatic or retroactive to the start of the relationship. Instead, any change in maintenance will take effect from the date you filed your motion. This means that delays in taking legal action could cost you additional months of payments.

What If My Ex Ends the Cohabitation Later?

Once maintenance is terminated due to cohabitation, it cannot be reinstated, even if the new relationship eventually ends. Illinois law takes a firm position on this matter to prevent former spouses from cycling in and out of cohabiting relationships in order to continue receiving financial support.

This is one of the many reasons courts take these motions seriously and expect clear, credible evidence before ending a maintenance order.

Can Maintenance Be Terminated if My Ex Remarries?

If your ex remarries, Illinois law makes it clear that your maintenance obligation ends on the date of the marriage. This is automatic and does not require a separate court order. This provision helps ensure that maintenance is not paid when a former spouse enters a new marital relationship, which likely changes his or her financial dependency.

Should I Hire an Attorney to Help with This Process?

Modifying spousal maintenance due to cohabitation can be a lengthy and complicated process. To petition for the change, it involves gathering and presenting evidence, understanding legal standards, and following procedural requirements. Therefore, working with an attorney who is familiar with Illinois divorce law can significantly improve your chances of success.

If you attempt to handle this type of case on your own, it may result in a denied petition or ongoing financial obligations that could have been avoided if you had consulted with an attorney. 

Contact a Kane County, IL Family Law Attorney for Help with Spousal Maintenance

If you are paying spousal maintenance and believe that your ex is cohabiting with a new partner, it may be time to take legal action. Illinois law allows for modification or termination under the right circumstances, but you must present a strong case.

A St. Charles, IL spousal maintenance lawyer at Goostree Law Group can review your situation, explain your legal options, and help you seek a fair resolution in light of your ex’s new relationship. To begin the legal process, call 630-584-4800 to learn more about how our team can help you.