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Maintenance And Remarriage

How will I know if my ex-spouse gets remarried?

In Illinois, when the final Judgment for Dissolution of Marriage includes a provision for maintenance (formerly called alimony), where one spouse provides financial support to the other spouse, there are terminating events. These events include “the death of either party, or the remarriage of the party receiving maintenance, or if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis.” 750 ILCS 5/510(c) In many divorces, the ex-spouses will not be involved with each other’s personal lives after the case is resolved. Naturally, the paying spouse is concerned that he or she will not be aware of their receiving spouses’ living arrangements or even marital status after the divorce. To address this concern, the Illinois law has put a requirement on the receiving spouse to notify the paying spouse at least 30 days before the marriage. Additionally, the maintenance will terminate on the date that the Court finds that the cohabitation began, so overpayment amounts should be returned to the paying spouse.

For more information about how this law might impact your case, please contact Abramovitch Blalock & McKinnon, LLC at (312) 372-1639.