Does Remarriage Stop Alimony Payments in Illinois?

 Posted on October 31, 2022 in Divorce

Alimony can be one of the most frustrating issues to deal with in a divorce. Not only are both parties generally unhappy by the payments themselves (the payer usually feels they are too much, while the recipient usually argues they are insufficient), but the payments often go on long after a marriage has ended. Understandably, former spouses are often very sensitive to things that could influence or terminate the payments. 

Whether you are making or receiving alimony payments in Illinois, it is important to understand the circumstances that could trigger a modification or halt in payments. Knowing the law is especially important because failing to follow it, even accidentally, could lead to court sanctions. Read on to learn more, and then contact an Illinois alimony attorney today. 

Spousal Maintenance in Illinois  

Alimony is formally known as “spousal maintenance” in Illinois, although you may also hear it called “spousal support” as well. Although spousal maintenance is ordered less often than it used to be, it is still a common feature of divorce, especially when one spouse earns more than the other, or when one spouse gave up career opportunities to care for children. 

Spousal maintenance can be ordered or agreed to as a lump sum, a payment that is reviewable at predetermined intervals, or indefinite payments. Usually, the longer a marriage lasts, the longer spousal maintenance lasts as well. 

Several things can modify or stop spousal maintenance payments altogether. First is the natural expiration of a court order requiring payments. Second is the death of either the paying or receiving spouse. Third is the remarriage or cohabitation of the receiving spouse–although, it is important to note, not the remarriage or cohabitation of the paying spouse. 

Certain conditions can trigger an immediate halt to payments without scheduling a court date to petition a judge for modification or termination. The expiration of a court order or the death of an ex-spouse do not require court orders to halt payments. However, if you are hoping to modify your spousal maintenance payments at any time, or if the receiving spouse has gotten remarried or begun cohabitating, payments can only be terminated after a court order. The receiving spouse is obligated to inform the paying spouse of a remarriage or cohabitation at least 30 days beforehand so the paying spouse has time to file a motion to terminate payments. 

Call a Hillside, IL Alimony Attorney Today

If you are paying or receiving alimony and have questions about how your remarriage could affect your payments, contact an experienced Oak Park, IL alimony attorney for help. At Law Office of Vincent C. Machroli, P.C., we have 3 1/2 decades of experience handling family law matters and can help you, whatever complications your case may involve. Call 708-449-7404 today to schedule your free consultation and get started. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000