If My Ex Leaves Me For Someone Else, Do I Still Have to Pay Alimony?

 Posted on August 24, 2022 in Family Law Blog

Illinois is a no-fault divorce state. This means that, no matter how poorly spouses treated each other during their marriage, the only fault that can be given when a couple gets divorced is “irreconcilable differences.” With few exceptions, divorce judges do not take a spouse’s behavior during a marriage into consideration when he or she is making decisions about the outcome of the divorce.

For a spouse who has been wronged, this can feel deeply unfair. After all, it makes sense that someone who ruins a marriage with unforgivable acts of infidelity should not have the right to make the same demands of their spouse as someone who has been faithful. Unfortunately, this is how the law works in Illinois. But this does not mean that you cannot use the law to your advantage if your spouse is already with someone else and is asking you for alimony.

Can I Fight My Ex’s Alimony Petition if They Have Another Partner?

In Illinois, alimony is technically known as “spousal maintenance.” While spousal maintenance is awarded less often than it used to be, for spouses who have been married for a long time and who have a significant difference in their ability to make money, spousal maintenance is still common.

But in Illinois, a surefire way to get alimony terminated is by getting married or cohabitating with a new partner. For spouses whose partners left them for someone new, this may present an opportunity to avoid paying spousal maintenance.

Unfortunately, the spouse receiving spousal maintenance almost certainly knows that remarriage and cohabitation are both cause for terminating payments. For this reason, they may try to hide the new relationship or diminish its seriousness, keeping what appears to be a personal residence and a casual relationship when they are really cohabiting with their new partner.

Proving this can be tricky and hiring private investigators is not unheard of. But before you start following your spouse, or paying someone else to, make sure you talk to an experienced attorney to explore your options. Keep in mind that recording someone without their consent may violate state or federal laws, and illegally obtained evidence is inadmissible in court.

Get Help from a Lombard, IL Divorce Attorney

Regardless of the circumstances surrounding your marriage and divorce, the DuPage County divorce attorneys with A. Traub & Associates are committed to helping you pursue the best divorce settlement or modification possible. Whether you need to contest a petition for spousal maintenance or petition to have it terminated, call our office today at 630-426-0196 to schedule a comprehensive consultation and get the help you need.

Source: 

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