Illinois statutory law regarding maintenance and what is called “resident, continuing, conjugal cohabitation has been clarified effective January 1, 2016. It is now clear that where a party receiving maintenance cohabits with another person on a resident, continuing conjugal basis that by operation of law the maintenance terminates retroactive to the date that there is a court finding that cohabitation began. Caselaw applies a non-exclusive six-factor test to determine whether cohabitation exists.
