Thinking of Remarrying? Consider Your Current Divorce Settlement and Other Financial Matters
In case of a divorce, Illinois will award alimony or spousal support to a spouse who is financially dependent or who cannot support himself/herself after the separation. Even though this can be maintained indefinitely, a drastic change in circumstances can merit modifications on the original agreement.
One of the most common changes includes remarriage and/or cohabitation. Here are some ways it affects alimony for the receiving spouse and the paying spouse, depending on who is remarrying or living with another partner:
Effects on the Receiving Spouse
As per the Illinois Marriage and Dissolution of Marriage Act, once the receiving spouse gets married again, the spousal support is terminated. In other words, as soon as the former gets married, they cannot use alimony payments and the supporting spouse does not have to get permission from the state or the court to terminate.
Additionally, the receiving spouse is legally obligated to let the court know about their new relationship status within 30 days before the new marriage. However, if the intent to remarry happens during this duration, then they have 72 days before the marriage to do this.
Effects on the Paying Spouse
If a paying spouse gets remarried in Illinois and is paying alimony, they cannot renege on it after their new marriage. However, modifications are warranted to decrease and increase the financial support due to an increase/decrease in income and other facts.
Cohabitation and its Impact on Spousal Support
Besides remarriage, spousal support obligations are terminated if the supported spouse starts living with another person in a way similar a marriage. In this case, the supporting spouse must prove the new status of the spouse they are supporting. The court looks at the following when deciding whether individuals are cohabiting or dating:
The length of the new relationship;
Whether the two spent holidays together;
How much time they spend together;
Whether they share accounts, bills, property, etc.; and
The types of activities they take part in.
Navigating through a divorce settlement and separation in Schaumburg, Illinois, can be financially and emotionally draining. During this time, a family lawyer who is experienced and understands the unique legal hurdles involved in these proceedings can be a lifesaver. At the Law Office of Fedor Kozlov, we have a team of passionate and dedicated attorneys who can protect your family and ensure you have a stable future post-divorce.