Illinois statutory law regarding maintenance provides for termination based on “resident, continuing, conjugal cohabitation.” And in 2016, Illinois clarified its cohabitation statute. It’s now crystal clear that where a party receiving maintenance cohabits with another person in a marriage-like relationship, by operation of law the maintenance terminates retroactive to the date that the court finds that cohabitation began. Caselaw applies a non-exclusive six-factor test to determine whether cohabitation exists.
Gitlin on Divorce: A Guide to Illinois Matrimonial Law contains the authoritative discussion involving termination of maintenance due to what courts call a de facto marriage.
