Proving Cohabitation to Stop Spousal Support in Illinois

 Posted on May 21, 2025 in Divorce

Under Illinois law, one way that spousal support can be discontinued is if the person receiving it remarries or cohabits with a romantic partner. Remarriage is fairly straightforward, but it can be less easy to prove cohabitation. The spouse receiving spousal support has a financial incentive to deny cohabitation, so he or she can continue collecting monthly checks.

If the person receiving the monthly spousal support denies that he or she is cohabiting with a romantic partner, the burden of proof lies with the paying spouse. To be clear, simply because your ex is dating is not sufficient to end spousal support. The relationship must be one that is similar in nature to marriage, and you must be able to prove that the relationship exists.

If you believe your ex is cohabiting with a romantic partner, speak to an experienced Geneva, IL divorce lawyer. Your attorney can help you legally gather the required information and then file the paperwork on your behalf to stop spousal support.

What Factors Determine Cohabitation?

The court will consider several factors when determining whether an individual receiving spousal support is cohabiting and whether the support should end as a result. The following factors could be considered in determining cohabitation:

• Whether the partners present themselves to others as a couple
• How much time is spent together
• The length of the relationship
• The types of activities engaged in together
• The extent to which the couple’s finances are intermingled
• Whether the couple shares a bank account
• Whether the couple has made major purchases together
• Whether the couple vacations and spends holidays together
• Whether household expenses are divided
• Whether one partner has co-signed a loan for the other

Proving Cohabitation

Short of hiring a private investigator, the spouse paying spousal support may need to do a little investigating on his or her own. Social media posts are a good place to start. In today’s society, many people detail their daily lives on Facebook, Instagram, or other social media sites. People often post photos of their activities and who those activities are shared with.

Some might even inadvertently post something clearly incriminating, like "Brad moved in today, and we are ecstatic to finally be sharing a home." Unfortunately, evidence is rarely this straightforward. Eyewitness testimony can be helpful to prove the couple is cohabiting, including neighbors who might know whether the two frequently spend their nights together or whether a moving truck was seen moving one of the partners in with the other.

If both parties receive their mail at the same address, this can be fairly definitive proof that they are cohabiting (although they could claim one partner was only renting a room). If you have children, it is probably not a good idea to ask them to provide information regarding their parent’s romantic relationship, although a judge might ask a teenager questions about the cohabitation. Although it will cost money, hiring a private investigator allows photos, videos, and witness statements to be gathered legally.

If cohabitation is proven, a motion must be filed with the court, and evidence must be presented. If the judge agrees with the motion, the spousal support payments will end and cannot be restarted if the relationship ends. Proving cohabitation can be challenging, and all evidence must be legally obtained, making it important to speak to a highly skilled divorce lawyer.

Contact a DuPage County, IL Divorce Lawyer

If you want to stop paying spousal support because your spouse is living with a romantic partner, speak to a Wheaton, IL spousal support attorney from McSwain Rapp Law, LLC. We will assist you in getting the proof you need for the court and filing the necessary paperwork. To schedule your free consultation, call 630-581-2877.