Termination of Spousal Maintenance or Alimony Due to Cohabitation

Defining “Cohabitation”

YOUR MAINTENANCE WILL TERMINATE IF YOU LIVE WITH SOMEONE WITHOUT A BREAK IN CONTINUITY AND ONGOING AS IF YOU WERE A MARRIED COUPLE.

Evidence of Cohabitation

  • Do you live across the street and see what is going on?
  • Have you hired someone to watch them or have you seen them out and about around town?
  • Have they comingled finances by opening up a joint bank account or sharing household bills that are in both of their names?
  • Does the significant other have mail coming to your former spouse’s home?
  • Do they spend the holidays together and travel together?
  • Do they call each other “husband” or “wife”?
  • Have they changed the relationship status on their social media accounts as “married”?
  • Do they tell people they are married?

Tips to Avoid Termination of Your Spousal Maintenance

  • Do not move in together.
  • Keep your finances totally separate.
  • Do not share household expenses.
  • Do not name a significant other as the beneficiary on any of your assets.
  • Do not purchase a car, real property, or any other assets with your significant other.
  • While you can spend holidays together, but do not send out holiday cards from you as a couple.
  • When vacationing together you each should pay your own way.
  • Do not post on social media or make any representation that you are married or engaged.

Addressing Maintenance Termination in Your Marital Settlement Agreement

Speak to a Chicago Divorce Attorney About Cohabitation and Its Impact on Maintenance

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