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That could leave the payee spouse in a precarious financial situation. Here are a couple of older cases dealing with this issue.
One found that no cohabitation was occurring and the other did. Also here is an article that gives a short history of this issue in Illinois.
I cannot find this online at the moment, but will post a link as soon as I do. A case by case analysis gives some guidance as to the factors that the courts use to decide cohab or not.
An alternative is to take cohabitation out of the statute entirely. The other two terminating events: death and remarriage are black and white.
Cohabitation is not so clear cut.
Please consult your attorney for more advice if this issue is of concern to you. The issue is much more complicated than the above commentary.
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Filed under: Illinois divorce. Tags: Cohabitation.
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A second appellate court decision is pending. Oral arguments were held on April 29, The decision should be released within a year.
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