Before diving into how to terminate maintenance (alimony), we must look at the events that warrant terminating maintenance. While many states have varying laws for divorce, all states allow termination of maintenance if certain events occur.
This article focuses on how to terminate maintenance in Illinois. Pursuant to the Illinois maintenance statute, specifically 750 ILCS 5/510(c), there are three events that warrant termination of maintenance. Most states have the very similar termination events outlined in their respective statutes.
3 Events That Warrant Termination of Maintenance in Illinois:
- Death of either party
- Remarriage of maintenance-receiving spouse
- Cohabitation of maintenance-receiving spouse
When Modifying Maintenance May Be More Appropriate Than Termination
If none of these 3 situations exist, but there has been a change in circumstance with respect to the income, employment, taxes, needs, or efforts of the parties, then termination is not appropriate. However, you may be able to modify maintenance.
If this situation applies to you, then read How to Modify Maintenance. Modification of maintenance does not date back to the date of the event (change in circumstance), so contact a lawyer as soon as possible.
Does Maintenance Terminate When The Event Happened?
Yes, if one of the three reasons for termination exists (death, remarriage, or cohabitation), then the court must order maintenance payments to stop as of the date of the event warranting termination. In addition, the maintenance-paying party is entitled to reimbursement of any maintenance payments made after the terminating event (death, remarriage, cohabitation).
However, there is an exception if the parties have a written agreement to the contrary and the agreement is included in the divorce judgment order or otherwise approved by the court. If such an agreement exists, then the court will honor the agreement.
Even though the date of the terminating event marks the time when maintenance should terminate, you still must file a motion with the court and prove your position to the court’s satisfaction formally terminate maintenance.
How to Terminate Maintenance
When death, remarriage, or cohabitation occurs, the next step is to meet with a divorce attorney to discuss how to terminate maintenance.
The three steps are as follows:
- Gather evidence to support the reason for termination
- File a motion to terminate maintenance with the court
- Use the evidence to prove your position to the court
While your attorney can walk you through the specific steps of how to terminate maintenance, the goal of this article is to include practical guidance so you can make the most of your time meeting with your lawyer and comprehend the advice they are giving you.
How to Prove Death, Remarriage, or Cohabitation
Death is not difficult to prove. The death certificate proves the death of a party and you can obtain the death certificate of a person who died in McLean County, Illinois by following the directions on the McLean County Government Website For Death Certificates.
Remarriage is also not difficult to prove. You can prove remarriage by obtaining your ex-spouse’s new marriage certificate. Simply follow the directions on the McLean County Government Website For Marriage Certificates.
Cohabitation is much more difficult to prove. Learning how to terminate maintenance due to an ex-spouse’s cohabitation involves several factors that require some strategy and creativity.
Proving Cohabitation
The payor’s obligation to pay maintenance terminates by operation of law on the date the court finds cohabitation began. However, the Illinois statute says cohabitation must be on a residential and continual conjugal basis.
What Does Conjugal Mean With Respect To Proving Cohabitation?
To prove cohabitation, we must understand what the statute means by a residential and continual conjugal basis.
First, the maintenance-receiving party must be residing (or living with) another person.
Second, the relationship between the maintenance-receiving party and this other person must resemble a marriage. This can be in terms of emotional support, financial support, or sexual relations. Living with someone of the opposite sex as a platonic roommate is not enough to terminate maintenance.
Third, the evidence must be clear and convincing.
Key Types of Evidence to Prove a Conjugal Cohabitation
When trying to understand how to terminate maintenance based on conjugal cohabitation, it is important to look at the factors the McLean County family law courts consider. Illinois courts consider the “totality of the circumstances” using the following common factors:
Living Arrangements
- Proof they share a residence or spend most nights together.
- Utility bills, leases, or addresses showing cohabitation.
- Photos, surveillance, or social media posts showing co-residence.
Financial Interdependence
- Joint bank accounts or shared expenses (rent, groceries, travel, etc.).
- One partner paying the other’s bills.
- Joint ownership of property or vehicles.
Duration and Stability of the Relationship
- Evidence the relationship is long-term and stable, not casual or intermittent
- Testimony from neighbors, family, or friends.
- Regular vacations or holidays spent together.
Intimate or Romantic Nature
- Evidence of romantic involvement: photos, messages, social media.
- Testimony showing public displays of affection or shared romantic commitments.
Public Representation of the Relationship
- Calling each other husband/wife or fiancé(e).
- Introducing one another to others as a couple.
- Wedding-style events or promise ceremonies.
Routine and Day-to-Day Behavior
- Daily activities together: grocery shopping, chores, attending events.
- Spending most nights together.
- Shared responsibilities for children or pets.
Types of Acceptable Evidence
- Social media posts
- Text messages or emails
- Photos, videos, etc.
- Witness testimony (family, friends, neighbors)
- Surveillance video
- Subpoenaed bank records, leases, travel itineraries
Contact The Bloomington IL Divorce Lawyers at Koth Gregory & Nieminski
If your ex-spouse died, remarried, or is cohabitating with another person, contact Koth Gregory & Nieminski today. We are happy to explain the details of how to terminate maintenance, and will handle each step for you to give you peace of mind and protect your financial future.
Published (revised): August 6, 2025
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