How Dating After Divorce May Impact Spousal Support Payments in Chicago IL

Once your divorce is finalized, moving on with your dating life may feel like the next step. However, under Illinois law, your dating choices, especially if they involve cohabitation, can directly affect your spousal support or alimony payments. This blog explores the legal distinctions between dating and cohabitation, how courts determine cohabitation, impact of dating after divorce on spousal support, and the financial precautions you should consider to protect your rights.

The Legal Distinction Between Dating and Cohabitation

Dating alone doesn’t typically affect spousal support. However, moving in with a new partner (cohabitation) can terminate it under Illinois law ( 750 ILCS 5/510(c) Cohabitation often depends on whether partners share financial responsibilities.  The logic behind this Illinois law is that if you’re living with another adult who is supporting your expenses, then you no longer need the spousal support from your ex.

How Courts Determine Cohabitation

There is a balancing test to help a judge determine if there is cohabitation:

• length of the relationship;
• amount of time spent together;
• nature of activities engaged in together;
• interrelation of financial and personal affairs; and
• how holidays and vacations are spent.

 In re Marriage of Herrin, 634 NE 2d 1168 – Ill: Appellate Court, 4th Dist. 1994

However, not all courts in Illinois have to use this test. It’s important to remember that the court does not view these factors as a checklist but consider them in the totality. The court will make a determination based on the entire situation.

While a party might be certain that their ex-spouse is cohabiting, it can be extraordinarily difficult to prove it in court. Often this will cost the parties a lot of money to litigate, with the paying spouse sometimes hiring a private investigator to conduct surveillance and requiring extensive discovery to prove a de facto marriage. The party receiving maintenance therefore has the advantage of using almost any information to prove a relationship is merely intimate, while the paying spouse must engage in intense and expensive discovery.

If you are the paying spouse, make sure to keep a record of these factors on your ex-spouse. While it’s sometimes difficult to prove in court, you should be keeping a record of any evidence in your favor of their cohabitating with a new partner.

Practical Tips for Divorced Individuals

Protecting Your Finances

If you are divorced and receiving maintenance support from your ex-spouse, it is important to take certain financial precautions in your new dating life:

• Re-consider moving in with your new partner before your maintenance terminates. Moving in could lead to a legal termination of your support.
• Keep your bank accounts separate. Sharing occasional expenses isn’t typically considered cohabitation, but having joint access to finances might put you at risk.

Avoiding Oversharing Online

Social media can become a minefield for legal disputes. Protect yourself by being mindful of your online presence:

• Maintain a reasonable level of privacy online. Posting occasional photos is fine, but sharing intimate details of finances, vacations, or living arrangements could hurt your case.
• Keep your profiles private. Review your friends and followers list to ensure you’re not inadvertently providing evidence against yourself.

How Cohabitation Affects Child Support in Illinois

Illinois courts calculate child support using the individual incomes of both parents and the number of overnights each parent has with the child. Typically, the parent with the majority of the time with the child can expect to be the one receiving child support. The calculated amount is called “guideline support” and is typically what judges order. However, the court is not required to use this calculation and has the power to deviate from this amount.

Cohabitation with a new partner may lead a judge to deviate from the guideline support and order the child support to be reduced. This would require the judge to find that the new partner and the parent receiving child support have finances that are very intertwined.

“The financial status of a current spouse may not be considered to ascertain the ability of a party to fulfill a child support obligation, but it may be equitably considered to determine whether the payment of child support would endanger the ability of the support-paying party and that party’s current spouse to meet their needs.” In re Marriage of Keown, 587 NE 2d 644 – Ill: Appellate Court, 4th Dist. 1992

Reducing child support by finding that the receiving spouse is cohabitating and has mixed finances together is very rare and requires some extreme circumstances.

Frequently Asked Questions (FAQs)

What happens if I date but don’t live with my partner?

Dating on its own doesn’t generally affect spousal support, but if it leads to cohabitation, the court may modify or terminate payments.

Can cohabitation really end my spousal support?

Yes, Illinois law allows spousal support to be terminated if the recipient cohabitates with a new partner on a “continuing conjugal basis.”

Can cohabitation affect my child support?

Yes, if there is enough evidence for a judge to find that the finances between you and your new partner are extremely intertwined.

What if I spend marital funds on my new partner during divorce proceedings?

Courts may view this as dissipation of marital assets, which could affect property division or result in reduced spousal support.

Key Takeaways on Dating and Cohabitation After Divorce

Dating and cohabitating with a new partner after divorce can bring significant financial implications, especially regarding spousal support and child support. Illinois courts evaluate these situations based on the unique facts of each case, making it crucial to understand how the law may apply to your circumstances. Before making changes to your dating life, consult an experienced family law attorney.  Anderson Boback & Marshall is here to provide personalized guidance on Illinois’s cohabitation and spousal maintenance laws. Contact us today to schedule a book a confidential consultation and protect your financial future.