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Cohabitation can be a factor in divorce in Illinois. Cohabitation agreements are not an option for unmarried couples in Illinois, and are not legally recognized unless one party is going through a divorce, in which case dire consequences can occur.

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9y ago
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14y ago

Illinois cohabitation laws mostly impact a divorcing spouse's right to alimony or maintenance. If you live with someone other than your spouse on a continuous and basically romantic basis, youcould lose your right to claim maintenance (if you had a claim to begin with). Claims to maintenance and when cohabitation terminate a right to claim maintenance are not simple issues and require a fact-intensive analysis - You need to discuss your particular facts with a knowledgeable Illinois family law attorney. Also, apart from the law, living with someone else can also make a divorce more difficult where children are involved because of more emotional issues. Divorce is an area of law driven by people's emotion. Unnecessarily ramp up the emotion and you also ramp up the cost of the divorce.

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Q: What is the law on cohabitation in Illinois during a divorce?
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The laws on cohabitation are well established in Pennsylvania. Lawyers advise clients that if they cohabit after they have been divorced they will most likely not receive alimony. 23 Pa.C.S.A. § 3706 provides that, "no Petitioner is entitled to receive an award of alimony where the Petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the Petitioner within the degrees of consanguinity." What determines whether parties are cohabitating? The courts have defined cohabitation as "two persons of the opposite sex resid[ing] together in manner of husband and wife, mutually assuming those rights and duties usually attendant upon the marriage relationship. Cohabitation may be shown by evidence of financial, social and sexual interdependence, by a sharing of the same residence, and by other means." Miller v. Miller, 508 A.2d 550, (1986).


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