When a marriage ends through a divorce, it is not uncommon for one or both spouses to marry other people sooner or later down the road. However, remarriage has a significant impact on both child support and spousal support in Illinois.
Alimony & Remarriage in Illinois
When a supported spouse—the one who receives alimony—remarries in Illinois, then the spousal support agreement automatically ends. On the date of the supported spouse’s remarriage, the paying spouse may stop making alimony payments.
The supported spouse is required to notify the paying spouse of the marriage at least 30 days before or within 72 hours of the union. If any payments were made after the date of the supported spouse’s wedding, the paying spouse is entitled to reimbursement.
However, if the supported spouse is owed any payments as of the date of the remarriage, the paying spouse is obligated to make those remaining payments. Additionally, if alimony is in the form of a lump-sum payment or property transfer, then the paying spouse must complete the transfer – even after the supported spouse remarries.
By contrast, if the paying spouse remarries, alimony payments will not automatically end. Yet, a paying spouse may ask to the court to modify or even terminate a current alimony order, especially if he/she must provide for a new family. The court will take into consideration the new responsibilities of the paying spouse and the supported spouse’s ability to support himself/herself.
When it comes to cohabitation, alimony payments may automatically end when the supported spouse starts cohabitating with someone else. Cohabitation occurs when two people live together in a relationship similar to marriage.
The paying spouse must file a motion to terminate support and prove cohabitation. The court will consider several factors, such as the length of the relationship, how often the couple spends time together, and if they make any purchases together on behalf of the household (e.g., jointly paying rent or bills, buying property together, etc.).
Child Support & Remarriage in IL
When a parent remarries, traditionally the new spouse’s income is not considered when calculating child support. However, an Illinois Appellate Court decision in 2000, a court may take into account all financial resources available to both parents, which also includes a parent’s current spouse in determining his/her ability to meet his/her own monthly financial needs.
If you are interested in modifying or terminating alimony or child support in Chicago, contact the Law Offices of Jonathan Merel, P.C. today at (312) 487-2795 for a free phone consultation. Do not hesitate to obtain award-winning and experienced legal representation!