Will I Need to Keep Making Spousal Support Payments if My Ex Gets Remarried? 

 Posted on June 07, 2023 in Divorce

When a couple divorces, spousal support is sometimes ordered as part of the divorce agreement. In Illinois, the duration of time for spousal support payments is determined based on the court’s evaluation of several factors, such as how long the couple were married, each spouse’s earning potential, and the standard of living the couple experienced while they were still married. However, when the ex-spouse who receives the spousal support gets remarried, it can raise the question of whether it needs to be continued. If you have questions pertaining to spousal support, discuss them with your attorney to ensure you have a complete understanding of your obligations moving forward.

Spousal Support in Illinois

Under Illinois law, spousal support is only awarded to the party that truly requires the support and aims at maintaining the person’s previous standard of living. Once the circumstances of the supported-spouse change, the obligation to pay the support may also cease to exist. There is no hard and fast rule in this regard, but there are certain circumstances that Illinois courts follow to modify or terminate the support payments.  

If the recipient spouse remarries in Illinois, the obligation for spousal support would ordinarily terminate. Illinois law under states that spousal support ends when the recipient spouse remarries or “cohabitates” with someone else. Cohabitation with a new partner with whom you share a committed romantic relationship can lead to a modification of spousal support or any obligation to pay financial assistance. 

Must the Receiving Spouse Alert the Paying Spouse of their Remarriage? 

In the State of Illinois, the spouse receiving spousal support must alert the paying spouse within 30 days of their wedding with their new spouse. This notification is necessary because the new spouse’s income could significantly impact the financial situation of the individual who has been receiving support payments from their ex-spouse. 

Contact a Joliet, IL Spousal Support Attorney

There is no mistake that spousal support is among the most important financial topics of many divorces. As is true with various legal issues, it is essential to work with a lawyer with robust experience in the area of divorce and family law issues, with the goal of making sure your rights are protected. For esteemed legal professionals, contact the well-established Plainfield, IL spousal support lawyers with Law Offices of Tedone and Morton, P.C.. Call Law Offices of Tedone and Morton, P.C. for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm