Child Support

My Ex Is Living with a New Partner – Do I Need to Keep Paying Spousal Support in Illinois?

Finding out your ex has moved in with a new partner can stir a range of emotions—hurt, frustration, maybe even relief. But more importantly, it opens the door to questions: if they’re building a new life supported by someone else, do you still need to keep contributing financially?

If you decide to petition for a modification with the courts, the answer may be no. Spousal support is designed to help your ex get back on their feet, not to fund their new life with a partner. If they’ve moved on after your divorce, it may open up the opportunity for you to move on too—financially and emotionally. At SLG Family Law, we’re here to guide you through reassessing your obligations and determining if it’s time to modify or end these payments. This could be the first step toward your own fresh start.

What Does Cohabitation Mean?

Cohabitation is a long-term living arrangement between two individuals that resembles a committed partnership. It’s not limited to romantic relationships but focuses on financial support and interdependence.

Why does this matter? Spousal support is meant to address financial needs and is calculated based on what they need to be financially independent. Under Illinois law, it can only be modified or terminated if there is a substantial change in circumstances. If your ex is now sharing financial responsibilities or receiving support from their new partner, their financial needs may have changed, opening the door for you to reduce or terminate your payments.

If your ex’s circumstances have shifted, this is your chance to reassess your role. By proving cohabitation, you can petition the court to adjust your spousal maintenance and take a step closer to moving forward with your life.

What Evidence Do You Need to Prove Cohabitation?

Courts require solid evidence to determine cohabitation. Here are the key types of proof you’ll need to build a strong case:

1. Shared Residence

If your ex and their new partner live together for a significant period, this can meet the cohabitation standard.

2. Financial Interdependence  

Evidence of shared finances, such as joint bank accounts, split utility bills, or co-ownership of assets, demonstrates financial reliance in the relationship.

3. Public Presentation as a Couple  

Social media posts, joint vacations, or photos showing the two together can provide insight into the nature of their relationship.

4. Witness Testimonies  

Neighbors, friends, or acquaintances who observe their interactions or joint activities can strengthen your case.

Compiling evidence can be challenging, but this step is crucial. Partnering with an experienced family law attorney will help ensure you’re prepared to present a compelling argument, giving you the best chance to move forward.

Steps to Petition for Modification or Termination

Once you’ve gathered sufficient evidence to build a strong case, it’s time to take action and bring the matter to court. Follow these steps:

1. Consult with your attorney  

Meet with your family law attorney to review your evidence, proposed changes, and desired outcomes. They’ll guide you in crafting a solid petition that addresses all necessary legal aspects and sets the foundation for your case.

2. File a petition for modification or termination

This formal document explains your reasons for requesting changes to the existing orders and includes the supporting evidence. Your attorney will handle the filing process with the court on your behalf.

3. Serve the other party

As the petitioner, you’re responsible for ensuring the respondent (your ex-spouse) receives a copy of the filed petition and supporting documents within the required timeframe. This step ensures they are informed of the proceedings and allowed to respond.

4. Wait for the response

The respondent has a limited time to respond to the petition. They may choose to contest or agree with the proposed changes. If they fail to respond, the court may issue a default judgment, meaning decisions will be made without their input.

5. Present your case in court

If the respondent contests the changes, the case will proceed to trial. At the hearing, you’ll present your evidence and explain why the current maintenance agreement should be modified. The court will evaluate your arguments and determine if the legal requirements for cohabitation are met.

While no outcome is guaranteed, a compelling case presented with the support of a skilled attorney significantly improves your chances of success.

Your Fresh Start Begins Here

Discovering your ex is cohabiting with a new partner may feel like a challenge, but it’s also a powerful opportunity. By exploring the possibility of modifying or ending spousal support, you can take control of your financial future and focus on your independence.

At SLG Family Law, we’re here to help you turn this challenge into an opportunity for growth. Our experienced family law attorneys have guided countless clients through spousal maintenance cases, helping them reclaim their financial freedom. If your ex has moved on, let us help you do the same. Contact us today to schedule a consultation and take the first step toward your fresh start.