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Do I Still Have to Pay Spousal Support if My Ex Moves in With Somebody?

 Posted on July 13, 2022 in Divorce

plainfield spousal support lawyerDuring the divorce process, the two parties will sign off on a divorce agreement which may include terms for spousal support payments as well as child support, child custody, visitation agreements, and other issues. As circumstances change in the months and years after a divorce, modifications to the agreement can be pursued by either spouse. Modifications may be necessary due to changing financial circumstances or the remarriage or cohabitation of one of the spouses. An experienced family law attorney can help determine whether to pursue a modification and work with you through the process.

Reasons for a Modification

Under Illinois law, if the spouse receiving spousal support payments begins living with a partner, he or she forfeits his or her right to spousal support. The payor must file a motion with the court to prove cohabitation and terminate support. Spousal support immediately ends upon the remarriage of the spouse who is receiving payments. Any payments made past the marriage date are to be reimbursed to the paying party. 

There are other reasons why a modification to the divorce agreement can be pursued, including:

  • Either spouse has a significant change in their financial resources due to a new job, loss of a job, or other factors

  • One of the parents relocates, in cases involving children

  • The educational needs of a child or children have changed

  • The medical needs of a child or children have changed

  • There are allegations of abuse or neglect against one of the parents

  • The child or children have changed their parental preferences as they have matured

Changes to the divorce agreement can be made through mediation, negotiation, or litigation if necessary. Not all the changes above may warrant a modification, and we will advise our clients on the benefits and risks of filing a modification. We are prepared to work with you to determine the most appropriate course of action to arrive at a new agreement that meets your best interests. In many cases, an agreement can be reached between the spouses. However, we will aggressively advocate for our clients in court when necessary.

Contact a Will County Post-Divorce Modification Lawyer

To ensure that you are paying or receiving the appropriate amount of spousal support, or for any other divorce-related issues, contact a Plainfield divorce attorney at Law Offices of Tedone and Morton, P.C.. We can help you navigate through the sometimes-confusing world of post-divorce modifications. Call our office at 815-666-1285 to set up a free consultation today.


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