Can Living with a New Partner Impact My Divorce Support Payments?

 Posted on December 28, 2020 in Divorce

For those going through a divorce, the financial demands that come along with the legal process can make things challenging, especially for lower-earning or stay-at-home spouses. Rarely do spouses make the same amount of money, which can sometimes lead to issues throughout the marriage, divorce, and months following the split. In order to make up for this financial discrepancy, Illinois law requires divorcing couples to discuss spousal maintenance, also known as spousal support, and divorcing parents to create an agreement regarding child support obligations. Those in a cooperative divorce can typically create these legal designations with the help of their attorneys, while those battling it out in a courtroom will have these decisions made for them by a judge. Your divorce agreement is meant to last the tests of time, but what about when circumstances change? Many divorcees will seek out new romantic relationships as time passes, and in some cases, these new partners can impact the details of your divorce agreement.

Spousal Support

Any changes to your divorce agreement are known as post-divorce modifications. In any instance of adjustment, the requesting party must show a substantial change in circumstances. When it comes to spousal support obligations, the following circumstances warrant the termination of spousal maintenance:

1. The death of either party
2. The remarriage of the party who receives maintenance
3. The cohabitation of the receiving party with another person on a continuing conjugal basis

As you can see, living with a new partner can lead to the automatic termination of spousal support. The purpose of spousal support is for one spouse to help the other until it is no longer financially necessary. These financial obligations are not meant to last forever. In fact, there are three different types of spousal support agreements that may be made. Fixed-term maintenance requires the paying party to provide financial support for a specific period of time, and at the end of that period they are no longer responsible for assisting their former spouse. Indefinite maintenance is an agreement with no specified end date, leaving this determination up in the air until modification or termination is requested. Reviewable maintenance sets a particular arrangement for a specified period of time, having both parties review the arrangement every few years.

Child Support

A divorced parent’s obligation to financially support their child is not impacted by the presence of a new partner. Non-custodial parents are almost always required to provide support to their co-parent to supplement their reduced parenting time and financial contributions in the child’s daily life. If either parent becomes involved with a new partner, the non-custodial parent is still required to provide for their child. If, however, the paying parent has a significant change in circumstances, such as losing their job or noticing that their co-parent has seen a huge increase in income, they can request for child support modifications to reflect these changes.

Contact a Joliet Post-Divorce Modifications Lawyer

Life is bound to change as the years go by, and so should the details of your divorce agreement. These legal orders are meant to reflect your current life situation, including spousal support and child support obligations. If your former spouse recently moved in with a new romantic partner, you may no longer be required to support them. On the other hand, if your new roommate is not a partner, yet your former spouse is trying to get out of providing you with financial support, you may need to argue your case in court. The legal team at The Foray Firm is prepared to help you adjust your divorce agreement where necessary to see that it is fair for both parties. For help modifying your divorce agreement, contact our Will County post-divorce modifications attorney at 312-702-1293 today.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

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

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm