How Does Remarriage Affect Alimony in Illinois?

In Illinois, alimony (spousal maintenance) typically ends when the recipient remarries, unless otherwise specified in the divorce agreement.

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Understanding Alimony and Remarriage in Illinois

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) governs spousal maintenance in Illinois. If the recipient of alimony remarries, the obligation for the paying spouse to continue making payments generally terminates automatically. However, the paying spouse must petition the court to officially terminate payments.

Legal Context for Alimony Termination Upon Remarriage

  1. Automatic Termination:
    • Under Illinois law, alimony obligations end as of the date the recipient remarries. The paying spouse is not required to continue payments unless specified otherwise in the divorce decree.
  2. Cohabitation:
    • If the recipient lives with a new partner in a romantic relationship without marrying, the paying spouse may request termination by proving cohabitation.
  3. Court Notification:
    • While termination is automatic upon remarriage, the paying spouse must notify the court to formalize the end of payments.

Example Scenario:
A recipient remarries but does not inform the paying spouse. The paying spouse can petition the court to recover any payments made after the remarriage date.

Steps to Address Alimony Termination After Remarriage

  1. Verify the Remarriage:
    • Confirm that the recipient has legally remarried, typically through marriage records.
  2. Notify the Court:
    • File a motion to terminate alimony payments based on the recipient’s remarriage.
  3. Cease Payments:
    • Stop making alimony payments effective the date of the recipient’s remarriage, pending court approval.
  4. Recover Overpayments (if applicable):
    • Request reimbursement for any alimony paid after the remarriage date.

How Attorneys Can Help

An experienced family law attorney can:

  • Advise on your rights and obligations regarding alimony and remarriage.
  • Help you gather evidence of remarriage or cohabitation to support termination requests.
  • File motions to terminate or adjust alimony payments.
  • Represent you in court to recover overpaid alimony if necessary.

Need Help With Alimony and Remarriage Issues?

Call (630) 366-1760 to consult with a family law attorney. We’ll help you navigate the legal process for terminating or adjusting alimony payments.

Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.