How Does Remarriage Affect Spousal Maintenance in Illinois?

 Posted on December 18, 2024 in Alimony / Maintenance

Spousal maintenance, also known as alimony, provides financial stability after divorce– but what happens when one party remarries? Remarriage can significantly impact spousal maintenance agreements and raise many questions about termination or modification. Whether you are the recipient or the payer, it is essential to understand the implications that remarriage can have for your spousal support agreement. If you or your spouse will be getting remarried soon, an Illinois divorce attorney can help protect your rights and provide legal guidance.

What Happens if the Recipient Remarries?

In Illinois, when the recipient of spousal support gets remarried, the agreement is usually terminated. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), spousal maintenance automatically ends when the recipient remarries, unless the divorce decree specifies otherwise. 

Imagine a divorce settlement where one spouse agrees to pay monthly spousal maintenance for 10 years. If the recipient remarries after five years, state law requires that the payments immediately stop at the date of the remarriage. If the payer was unaware of the recipient’s new marriage, they may be reimbursed for any payments made after that date. 

Does the Paying Spouse’s Remarriage Impact Spousal Maintenance?

Unlike the recipient’s remarriage, the payer’s remarriage does not automatically terminate or modify spousal maintenance obligations. However, it can still affect the situation if the payer asks the court to modify the agreement.

Remarriage can impact the payer's ability to meet the maintenance obligation if he or she takes on financial responsibilities for a new family. While Illinois courts do not typically take the new spouse’s income into direct consideration, they may review the payer’s overall financial circumstances to determine whether a modification is justified.

Can Cohabitation Instead of Remarriage Terminate Spousal Maintenance?

Illinois law also allows for spousal maintenance to be terminated if the recipient begins cohabiting with another person in a marriage-like relationship. This rule is intended to prevent the payer from continuing to support the recipient when he or she is receiving financial support from a new partner. The courts will examine multiple factors, such as shared finances, living arrangements, and the nature of the relationship, to determine whether a relationship qualifies as cohabitation. 

What Should You Do If You Believe Spousal Maintenance Should Be Modified or Terminated?

If you believe that remarriage, cohabitation, or other changes justify a modification or termination of spousal maintenance, the first step is to file a motion with the court. To increase your chances of having your request approved, you should provide evidence of the change, such as a marriage certificate or proof of cohabitation. Working with a skilled attorney can help you properly navigate this process and protect your financial interests.

Schedule a Free Consultation with a Kane County, IL Spousal Maintenance Lawyer

If remarriage or other circumstances are affecting your spousal maintenance situation, it is important to understand your rights and obligations under Illinois law. A St. Charles, IL family law attorney at Goostree Law Group is here to assist you with these complex matters and work toward a favorable outcome. Call us at 630-584-4800 to discuss your case.