Illinois Alimony Payments after Remarriage

 Posted on July 21,2015 in Spousal Maintenance

When a couple divorces, one spouse may be ordered to make alimony, or spousal maintenance, payments to his or her former partner. These payments are usually allocated to the spouse who makes less money, allowing them the opportunity to better their financial situation.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) dictates the rules and regulations governing spousal maintenance such as who receives payment, the dollar amount to be paid, and how long payments will continue. Additionally, the IMDMA states that payments may end if the receiving spouse remarries or moves in with a new partner. In some cases, this type of change can also affect the paying spouse.

Permanent, Rehabilitative, and Gross Spousal Maintenance

The first type of spousal support is called permanent spousal maintenance. These are set payments designed to be paid regularly to the receiving spouse until their death. If the receiving spouse moves in with another partner, whether through remarriage or cohabitation, the paying spouse can petition to end the maintenance payments.

A second type of spousal support is called rehabilitative maintenance. This type of maintenance requires support from one party until their former spouse is financially self-sufficient. Any change in the relationship status of the spouse receiving rehabilitative maintenance can also affect the continuation of payments.

If a court awards gross spousal maintenance, the amount of money one spouse must pay is calculated as a lump sum to be paid to the receiving spouse immediately. Paying spouses often have the option to make gross maintenance payments in installments. This type of maintenance is known as “non-modifiable,” and is unaffected by the remarriage of the receiving spouse.

How to Modify or Terminate Spousal Maintenance Payments

Getting remarried does not immediately end the payment or receipt of spousal maintenance. If the paying party gets learns their former spouse has remarried or is getting remarried, they must alert the courts and file a petition to modify or terminate payments. Any spouse who is receiving permanent or rehabilitative spousal maintenance and remarries or moves in with their new partner will lose their payments. If the couple is cohabitating, the courts will examine how long they have been living together and whether they share financial holdings such as property or bank accounts

Role of Divorce Lawyer

Since changes in relationship status can affect spousal maintenance, you should contact a Naperville divorce attorney for more information. At the Pesce Law Group, P.C., we understand the IMDMA and can offer advice and representation for clients seeking to modify their spousal maintenance obligations. Contact us today at 630-352-2240 to discuss the future of your payments and your legal options.