Living with a new love interest Under Illinois law, maintenance (commonly and formerly known as alimony) will be severed if the following conditions are met: (1) the death of either party; (2) the remarriage of the party receiving maintenance; or (3) if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis. Be wary: “co-habitation” is not solely defined as moving in together with your romantic interest. Don't make it harder for them by forcing a new person into their lives.
Until the final Judgment of Dissolution of Marriage is entered, how you spend your money on a new or established romantic interest will be scrutinized during divorce proceedings. Your former spouse has a significant financial interest in monitoring how you approach or proceed with a romantic interest and as set forth above, not only are you opening up prolonged litigation during divorce proceedings in awarding maintenance under these circumstances, you are inviting post-Judgment litigation to terminate maintenance after the divorce.
Being separated from your spouse does not prevent such spending from being considered dissipation – even if you are spending your own stream of income. Such spending will be identified during the ubiquitous discovery proceedings and may cost you extra attorneys’ fees -- and possibly payment of your spouse's fees and costs -- as extra time is spent identifying with specificity the property dissipated so that it is returned to the marital estate. Moreover, your romantic interest is open to all the scrutiny (and more), as discussed above in Paragraph 1.
Living with a new romantic partner while the divorce proceedings are going on can cause the judge to factor in the income of that partner when calculating child support.
It can also negatively affect the judge’s decision on who should be the primary residential parent.
Qualities that will likely be important include the dating partner’s: While dating and ultimately recommitting to a new relationship can help a divorced parent regain energy and self-esteem, it may have pitfalls that can exacerbate the pain of the divorce for the children.
It is important to keep the children’s needs and emotions foremost.
Divorce can be a challenging ordeal for the two adults involved, but when you factor your children into the equation, dating another person while you are still married sets a poor example for the children, and it can cause them additional undue stress at an already difficult time of adjustment for them.
According to an article on , “Judges and experts who assist the court in making custody and parenting time determinations are generally not impressed with parties who date during divorce proceedings.
It is also likely to increase the level of conflict between the two of you, which will in turn cost you more in legal fees.
If the court thinks that the extramarital relationship has been going on before the divorce proceedings, the amount of money that the unfaithful spouse has been spending on their new relationship as a dissipation of marital assets.
Altshuler & Associates will discuss your case with you and answer your questions.