How Do I Prove My Ex Wife Is Living With Someone New?
Posted on February 10, 2025 in Alimony/Spousal Support
If you are paying alimony and suspect your ex-wife is living with a new partner, you may be able to stop making payments. Under Illinois law, spousal support, also called spousal maintenance, can end if the receiving spouse starts living with a new romantic partner in a way that resembles marriage.
However, proving this is not always easy and the burden of proof is on you. If you believe your ex is cohabiting with someone, an Illinois divorce lawyer can help you gather the right evidence and bring your case to court.
What Is Considered "Cohabitation" for Ending Alimony in Illinois?
Illinois courts do not automatically end spousal support just because your ex is dating someone. To stop paying, you must prove that she is living with her partner on a continuing basis and that their relationship is similar to a marriage. The court will look at several factors, including whether they share a home, combine finances, and present themselves as a couple. If they are simply spending time together without fully merging their lives, the court may not consider this cohabitation.
How Can You Prove Your Ex Is Living With Someone Else?
Since most people will not openly admit to cohabitation, you may need to collect evidence to show the court that your ex is living with someone new. Social media posts, shared bills, and eyewitness testimony can all be useful. If your ex and her partner frequently stay at the same address, receive mail there, or list the same residence on official documents, this may help prove they are cohabiting.
Neighbors and mutual friends may also notice patterns in your ex’s living situation. If they see the new partner regularly staying at the house, helping with household chores, or contributing financially, this can strengthen your case. Hiring a private investigator may also be an option. An investigator can legally gather photos, videos, and reports that provide clear proof of cohabitation.
What Happens If You Prove Cohabitation?
If the court determines that your ex is living with someone in a marriage-like relationship, your alimony payments can be terminated. However, this is not automatic. You must file a motion with the court and present your evidence. If the judge agrees with your claim, your payments will stop, and you will no longer owe future alimony. Keep in mind that if your ex later ends the relationship, she cannot restart alimony unless the divorce agreement specifically allows it.
Why You Need a Lawyer to Stop Alimony Payments
Proving cohabitation can be challenging, and courts require strong evidence before ending alimony. Your ex may deny that she is living with her new partner or try to hide the extent of their relationship. Having an experienced divorce lawyer on your side can make all the difference, especially because snooping around can get you in real trouble.
A lawyer can help you collect evidence legally, file paperwork, and present a strong argument in court. This might include filing public record requests and issuing subpoenas with utility companies to prove your ex and her new partner are sharing finances – information that you cannot easily get yourself.
Get a Free Consultation With a Wheaton, IL Alimony Attorney
If you believe your ex is living with someone and you want to stop paying alimony, legal action may be necessary. One of our skilled DuPage County, IL divorce lawyers can review your case and help you get the proof you need. Contact Andrew Cores Family Law Group at 630-871-1002 today for a free consultation and take the first step toward ending your alimony payments.
