Will I Still Get Alimony If I Have a Boyfriend When Our Divorce is Finalized?

 Posted on June 30,2022 in Chicago divorce attorney

For some people, meeting a new partner with whom they feel more compatible is a compelling reason to end an unhappy or unfulfilling relationship and try for something better. For couples who got married very young or who have been in a miserable marriage for many years, the light at the end of the tunnel of divorce can make it easy to ignore the fact that having a new partner before your divorce is finalized can have some unintended consequences. 

One of the areas that a new partner can impact is that of spousal support, also known as alimony. If you are thinking about initiating an Illinois divorce and are wondering whether you should ask for spousal support or how spousal support payments are determined, read on and then contact a skilled Kane County attorney who can help. 

When is Spousal Support Awarded? 

Spousal support is not available to every divorcee and, even when it is available, certain circumstances can end it right away. Spouses are encouraged to work together to agree to a mutually acceptable divorce decree, including spousal support payments. When you already have a new partner or your marriage is high-conflict for other reasons, your spouse may be unwilling to negotiate a spousal support agreement that feels fair. 

In cases where no negotiation is possible, a judge will decide spousal support payments. Depending on the length of your marriage and the circumstances, you may be awarded one of the following types of maintenance: 

• Indefinite - Reserved exclusively for couples who have been married for at least 20 years, indefinite or permanent spousal maintenance is meant to protect a spouse who gave up career options to raise children and whose potential to become financially self-sustaining is very limited. 

• Fixed-term - Fixed-term spousal maintenance may be available to spouses who are granted spousal maintenance for a specific time, after which payments are not renewable. 

• Reviewable - Similar to fixed-term maintenance, reviewable payments are set for a specific period of time but may be renewed if necessary. 

• Interim - Interim spousal maintenance is available when a spouse needs financial support to pay for an attorney and their personal needs during a divorce. Once the divorce is finalized, interim spousal maintenance ends. 

Will Moving in With My Partner Nullify Spousal Maintenance? 

Living with a new partner terminates spousal maintenance right away, as does getting remarried. If you are already living with a new partner, you will not be awarded spousal maintenance. If you are essentially living with a partner and disguise it to receive spousal maintenance, and this fact later is brought before the court, you may be ordered to pay the wrongfully received payments back. 

Get in Touch with a Batavia, IL Alimony Lawyer

If leaving your spouse for a new partner is the right choice for you, be sure to understand the legal implications of having a serious new relationship when your divorce is being negotiated. Call the office of The Law Office of Matthew M. Williams, P.C. today to schedule a consultation with our Kane County spousal maintenance attorney and make sure you understand your options. Call us at 630-409-8184. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000