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Spousal Support and Remarriage: What to Know About Illinois Law

Posted on in Alimony / Maintenance

Kane County divorce lawyerFollowing a divorce in Illinois, the party in a better financial position may be required to make ongoing payments to their former partner. Known as alimony, spousal support, or spousal maintenance, the exact structure of these payments will depend on many different factors, with some ending after a specified time and others lasting indefinitely.

This raises an important question: Does remarriage affect alimony? The short answer is that the recipient’s remarriage is grounds to end alimony, whereas the paying spouse’s remarriage does not have a direct impact on their financial obligations. Here, our divorce attorneys highlight the key things you should know about spousal support and remarriage in Illinois.

The Recipient’s Remarriage Terminates Alimony Obligations

Illinois law is clear: If the spouse who is receiving alimony gets remarried, payments will automatically stop. According to state statute, “an obligor's obligation to pay maintenance or unallocated maintenance terminates by operation of law on the date the obligee remarries.” In other words, the spouse paying alimony does not have to get a court order to stop the payments. However, if the spouse paying alimony gets remarried, they cannot stop making payments, as their remarriage or new relationship is not grounds to terminate their alimony obligations.

Notifying the Former Spouse of Remarriage

In some cases, a divorcing couple remains in communication following the end of their marriage. In other cases, there may be little or no ongoing communication. However, Illinois law puts an obligation on the spouse receiving maintenance to notify their former partner that they are getting remarried. Notice should be given within 30 days before the wedding, unless that is not possible. If no notice is given and additional, unwarranted spousal support payments are made, the paying spouse may be entitled to a reimbursement.

Terminating Maintenance After Cohabitation

Remarriage is not the only grounds to terminate alimony in Illinois. If the receiving spouse begins cohabiting with another partner in a supportive relationship, that is also grounds to terminate the payment obligation. However, these cases can be more complicated because there is not an explicit obligation for the receiving spouse to provide notice of cohabitation, and the court may need to consider evidence to determine the date upon which cohabitation began and the maintenance obligation terminated.

Contact Our St. Charles Divorce Lawyers

At Goostree Law Group, our attorneys have the skills and family law experience to represent you in the full range of spousal support cases. If you have any questions or concerns about alimony and remarriage or cohabitation, we are available to help. Contact our Kane County divorce lawyers at 630-584-4800 for a free, confidential initial consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

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