How Does Cohabitation With A New Partner Affect Divorce in Illinois?

 Posted on June 17, 2022 in Divorce

Cupid’s arrow does not always strike at the most convenient time. Sometimes, a married person meets a new romantic partner before their current marriage is officially terminated by divorce. If you are getting divorced and you or your spouse have moved in with a new romantic partner, you probably have questions about how cohabitation affects divorce in Illinois.

Adultery and Divorce in Illinois

When a married person enters into a romantic relationship before their marriage is over, this can be considered adultery. In Illinois, there are no fault-based grounds for divorce such as infidelity or abuse. All fault-based grounds were eliminated several years ago. The only ground or justification for divorce in Illinois is “irreconcilable differences.” So, you will not need to list adultery on any divorce paperwork.

Living With a New Partner Can Affect Property Division

Illinois law states that courts divide marital property without regard to marital misconduct like an extramarital affair. However, there is one situation in which having a new romantic relationship can affect asset division during divorce. If a spouse uses, spends, or sells marital property during an extramarital relationship, it could be considered dissipation of assets. For example, if you move in with a new partner and pay your rent using a joint bank account you share with your soon-to-be-ex-spouse, your spouse may be able to file a dissipation of assets claim. If the claim is successful, your spouse would be entitled to reimbursement for half of the dissipated funds.

Cohabitation Can Cancel Spousal Maintenance

Spousal maintenance, spousal support, and alimony are all terms used to describe payments that one divorced spouse pays to the other. According to Illinois law, spousal maintenance may be terminated if the recipient moves in with a romantic partner. If you are currently paying spousal maintenance and your spouse is cohabitating with a boyfriend or girlfriend, you can ask the court to end your maintenance obligation.

New Romantic Partners and Child Custody

Cohabitation with a new romantic partner does not automatically impact the allocation of parental responsibilities and parenting time. However, it is possible that moving in with a new romantic partner can influence child custody if the move is considered a “relocation” under Illinois law. The parent who is moving may have to get permission from the other parent and the court to move in to the new residence. If the court does not think that the relocation is in the child’s best interests, the court could deny the move.

Contact a Kane County Divorce Lawyer

The St. Charles divorce attorneys at Goostree Law Group have ample experience in divorce, child custody, asset division, and other family law matters. For dependable legal advice and support during your divorce, contact Goostree Law Group at 630-584-4800 today.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htmJune post 2