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What Happens to My Spousal Maintenance if I Get Remarried in Illinois?

Posted on in Divorce

Wheaton Spousal Maintenance AttorneysIn a large number of marriages, one spouse is the sole income earner and the other spouse is a stay-at-home parent. In many more cases, one spouse earns far more money than the other does, even if they both work outside the home. If these unions end in divorce, it can be difficult financially for the partner who did not work or who earned substantially less to move on. However, Illinois divorce law states an ex-spouse may be entitled to financial support.

Alimony or what is now called “spousal maintenance” refers to payments made to an ex-spouse who does not have sufficient income to self-support after a divorce. The amount and duration of this support depends on several factors, including each party’s income, the length of the marriage, and standard of living. But, what happens to that maintenance if one or both of the ex-spouses remarries?   

What Constitutes the End of Spousal Support? 

In Illinois, alimony ends automatically when the supported ex-spouse remarries (unless the couple decided otherwise in their divorce agreement, which is rare). The paying ex-spouse can stop making alimony payments starting on the date of the supported ex-spouse’s remarriage. The paying ex-spouse does not have to ask the court for a termination of support.

There are some caveats to this, however. The supported ex-spouse must notify his or her ex at least 30 days before the marriage, or at least 72 hours after it takes place. If any payments are made after, the spouse who paid is entitled to reimbursement. However, if spousal support was in the form of one large payment or transfer of property such as a house, the paying spouse must still complete that payment or transfer, even if the remarriage occurred during this time.

If a paying ex-spouse gets remarried in Illinois, there is no effect on his or her alimony obligation. Courts may consider this when determining if spousal support should continue, however. For example, if no children are involved and a man remarries and is supporting a new family, Illinois courts have ruled that he should not be required to support an ex-wife who is able to work.

Contact a DuPage County Divorce Lawyer

Many people who divorce move on to other relationships and eventually remarry. If you are getting remarried and have questions about what will happen to your spousal maintenance, the legal team at Anderson & Associates, P.C. can help you. A knowledgeable Wheaton spousal maintenance attorney will guide you through the next chapter of your life and advise you on this important financial matter. Contact our office today at 630-653-9400 to schedule a free consultation. 

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K504

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