If My Ex Remarries, Can I Stop Paying Alimony in Illinois?

 Posted on September 15, 2025 in Spousal Maintenance

Spousal maintenance, often referred to as alimony, is one of the most common financial issues after divorce. Payments are meant to help a former spouse maintain stability, especially if they were financially dependent during the marriage. But many people wonder what happens when their ex-spouse remarries. Do the payments automatically end? The answer is often yes, but not always. If you pay spousal maintenance and your ex is going to get remarried, a DuPage County divorce lawyer can explain how Illinois law applies to your case.

Does Alimony Automatically End When My Ex Remarries?

According to the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/510(c), spousal maintenance ends when the receiving spouse remarries. Once the marriage is legally recognized, the paying spouse no longer owes future payments. However, you should not stop paying without court approval. Filing a motion to terminate ensures there is a clear record, which can prevent disputes.

Are There Exceptions When Remarriage Does Not End Alimony?

There are circumstances when payments may continue even after remarriage. If you signed a prenuptial or postnuptial agreement that states maintenance will not end upon remarriage, you must continue to honor that contract. Similarly, some divorce judgments order maintenance in a fixed-term arrangement or as a lump sum, which may not be affected by remarriage. 

Past-due support, known as arrears, must still be paid regardless of a new marriage. Courts can also structure maintenance as a property settlement, which may continue even after remarriage. If your ex remarries, it is always wise to consult with a lawyer who can review your divorce order and advise you on how best to proceed.

What if My Ex Moves in with Someone without Marrying?

Illinois law also addresses cohabitation. If your ex begins living with a new partner in a marriage-like relationship, you may be able to end your maintenance payments even if they do not get married. Shared finances, long-term residence together, or joint household responsibilities may help prove the relationship qualifies under the law. However, stopping alimony payments is never something you should decide to do on your own without confirmation that this is legal.

Contact a DuPage County, IL Spousal Maintenance Lawyer

If your ex has remarried, you may be able to stop making maintenance payments, but you must confirm through the court to avoid penalties. For guidance, contact a Naperville, IL divorce attorney at Pesce Law Group, P.C.. We offer free consultations and will review your case carefully to help you understand your next steps. Call us today at 630-352-2240.