Illinois Termination of Maintenance Due to Conjugal Cohabitation

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. But there remain a host of questions that case law has fleshed out as to what constitutes “resident, continuing, conjugal cohabitation.”