A divorcing couple faces a challenging time filled with emotional and financial turbulence. From negotiating compromises centering on support, property division and parenting plans to structuring the post-divorce finances, both parties will likely feel an enormous amount of stress. Following the divorce, though, these individuals might be concerned about when is an appropriate time to seek the termination of maintenance payments.
While every situation is unique, there are generally three scenarios that result in the termination of spousal maintenance in Illinois:
- If the ex-spouse begins cohabitating: Many individuals take on a roommate to cut costs in post-divorce finances, but if one party enters into a continuous conjugal cohabitation, it will generally signal the end of maintenance obligations based on the motion to terminate filed by the paying party.
- If the ex-spouse remarries: If the party receiving the spousal maintenance remarries, they have an obligation to alert the other party at least 30 days prior to the marriage. The paying party can then file a motion to terminate maintenance.
- If either of the exes dies: Upon the death of either party, the estates of either ex have no rights or obligations for further maintenance payments.
Whether the marriage ended on good terms or bad, couples will likely struggle to build two independent financial futures out of one household. Most parties will be encouraged to realize there are certain situations which are specifically geared toward ending spousal maintenance obligations. If you are in this situation, it is wise to explore your post-divorce financial options.