Case Study: If I am paying maintenance, does my Ex have to get a job?

Introduction: Understanding Illinois Maintenance Law

Whether you are paying or receiving maintenance it is important to know when maintenance can be terminated or modified. Spousal maintenance can be modified if there is a substantial change in circumstances. Termination can occur when the party receiving maintenance cohabitates or remarries another party; death of either party will also terminate maintenance. Termination can also occur if the party receiving maintenance is rehabilitated by maintenance and capable of self-support. The following guide will break down what is considered a substantial change, when cohabitation occurs, how cohabitation will affect maintenance and what factors are considered for a party to be capable of self-support.

When Can Maintenance Be Modified

Illinois law allows for modification or termination of maintenance based on a substantial change in circumstances. Examples include:

• Change in employment or income
• Efforts (or lack thereof) to become self-supporting
  • Education
  • Potential earning capacity
  • Health
  • Job history and prospects
• Retirement
• Significant health changes
• Changes in property, assets, or tax burdens

When Can Maintenance Be Terminated?

• Cohabitation
  • Shared finances
  •  Shared keys or living arrangements
  • Shared expenses or chores
  • Signs of a permanent, committed relationship
• Remarriage
•  Death of either party

Types of Maintenance:

• Permanent (Indefinite): No set end date. Can be modified or terminated upon a significant change in circumstances.
• Reviewable: Set for a specific period, then reviewed to determine whether it should continue.
• Fixed-Term: Ends after a specific date and cannot be extended.

In re Marriage of Mattson, 2024 WL 3673608 (Ill. App. 3d Dist.)

After a 23-year marriage, a husband was ordered to pay permanent, modifiable maintenance to his wife (a homemaker). The husband later petitioned to terminate maintenance, alleging that his ex-wife was cohabiting with a new partner and had failed to seek employment.

The trial court rejected his petition, citing In re Marriage of Miller, and found no evidence of cohabitation, there was no shared residence, finances, responsibilities, or indications of a long-term, committed relationship. The appellate court affirmed the decision, applying the six-factor test from In re Marriage of Herrin, which evaluates the nature and depth of a relationship when determining cohabitation.

Regarding self-sufficiency, the court held that the wife, age fifty-four with no work history, was not obligated to seek employment. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), her ability to become self-supporting was to be evaluated alongside the standard of living established during the marriage. Since the maintenance was permanent and no substantial change in circumstances was proven, the court upheld the maintenance order.

No Cohabitation = No Termination

The trial court granted the wife’s motion for a directed finding, essentially ruling in her favor before the husband even had a chance to fully present his case. The court looked at her dating history and applied standards from prior cases (especially In re Marriage of Miller).

Here’s what the court found:

• No shared finances
• No shared keys or living arrangements
• No mutual beneficiaries or joint memberships
• No shared expenses or chores
• No signs of a permanent, committed relationship

While the wife may have been dating, there was no cohabitation. The husband sought only a termination of maintenance, not a modification, and no alternative relief was requested. The appellate court affirmed the trial court’s decision, that the evidence did not warrant a termination of maintenance, stating that a casual or romantic relationship does not equal cohabitation under Illinois law.

The Six-Factor Test

The court reemphasized the six-factor test from In re Marriage of Herrin to determine cohabitation:

1. Length of the relationship
2. Amount of time spent together
3. Nature of activities shared
4. Interrelation of personal affairs (finances, holidays, etc.)
5. Whether the couple vacations together
6. Whether they present themselves as a couple socially

Does the Ex-Wife Need to Get a Job?

Another key argument from the husband was that the wife wasn’t trying to become self-supporting. But the court pointed out that:

• She was fifty-four years old,
• Had never worked,
• And their marital settlement agreement was drafted within the framework of the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

Under the IMDMA, a party’s obligation to become self-supporting is weighed against multiple factors, including age, work history, standard of living during the marriage, and physical/emotional condition.

Since she had been a homemaker for over two decades, the court concluded that expecting her to become self-sufficient was unrealistic, especially at this stage in life. The maintenance remained in place.

So, Does My Ex Have to Get a Job?

It depends; no two divorces are the same. If your ex was a full-time homemaker during a long marriage and has limited education or work history, they may not be required to seek employment, especially if the marital settlement agreement reflects that understanding. Courts will look at the entire picture, including lifestyle during the marriage and the parties’ respective abilities to earn income.

Final Thoughts

The Mattson case is a reminder that terminating maintenance isn’t easy, especially after a long marriage where one spouse was financially dependent. Cohabitation must be clearly established, not just suspected. And the expectation that someone will reenter the workforce after decades away isn’t always reasonable.

If you’re paying or receiving maintenance and wondering about your rights or obligations, always consult with a qualified family law attorney. Each case is unique, and the law is full of nuances that can dramatically impact your outcome.