Maintenance Terminated After Proving Ex-Spouse’s Cohabitation

When a client came to Anderson Boback & Marshall seeking to terminate spousal maintenance, Attorney Genevieve Binnie deployed a precise and strategic approach that resulted in more than just ending the financial obligation – she secured repayment of $7,000 in previously paid maintenance.

The Challenge: Terminating Maintenance Based on Cohabitation

Under Illinois law, maintenance (formerly called alimony) may be terminated if the recipient is found to be or have been cohabiting with another person on a resident, continuing conjugal relationship [750 ILCS 5/510(c)]. However, proving cohabitation requires more than physical proximity. Courts look at factors such as shared finances, mutual support, and household integration. The parties essentially need to be residing together and acting similarly to the way a husband and wife would act. 

In this case, the client believed his ex-spouse was living with her boyfriend and receiving financial assistance from him but needed more than suspicion to take legal action.

The Strategy: A Fact-Driven, Evidence-Based Approach

Attorney Binnie immediately took steps to gather objective, verifiable proof. Through subpoenas and financial analysis, the following evidence was obtained:

• She started living at a residence owned by her boyfriend immediately after the divorce was finalized
• The ex-spouse had added her boyfriend’s name to her bank account, who deposited his paychecks into it.
• She had signed a “lease” stating she was paying her boyfriend rent – but the payments she made just went into their joint account.
• She changed her address on official documents to match his home address and the residence they both lived in.
• She drove a vehicle he owned and paid for.
• Eventually, several months after the divorce was finalized, he added her to the deed of his home they lived in.

This evidence painted a clear picture of financial entanglement and domestic partnership – key indicators that courts in Illinois consider when assessing cohabitation. Two people living together is not enough to prove cohabitation, but with a combination of multiple factors supporting the cohabitation, a court can have the evidence it needs to recommend termination of maintenance. 

The Outcome: Termination and Repayment Without Trial

Faced with compelling documentation and a strong legal argument, the ex-spouse agreed to terminate maintenance voluntarily. During a pretrial conference, the judge acknowledged the strength of our client’s position and advised that $7,000 in previously paid maintenance should be reimbursed, going back to the date that the ex-wife and her boyfriend were both on the same bank account. The opposing party complied.

This outcome was achieved without a full evidentiary hearing—a testament to ABM’s ability to position cases for favorable resolution through thorough preparation and strategic leverage.

What This Means for Other Clients

Clients who suspect an ex-spouse is cohabiting with a new partner often feel frustrated or uncertain about their options. This case demonstrates that, with the right legal strategy, it is possible not only to terminate unjustified maintenance but also to seek repayment.

At Anderson Boback & Marshall, we understand the financial and emotional toll spousal maintenance can take. Our attorneys take a meticulous, results-oriented approach to every case, ensuring our clients’ rights and financial futures are protected.

If you’re paying spousal maintenance and believe your ex is living with a new partner, you may be entitled to relief. Contact Anderson Boback & Marshall today for a confidential consultation.