Therefore, in determining whether a party is cohabiting on a resident, continuing conjugal basis, the courts in Illinois generally consider the following factors: (1) length of the relationship; (2) amount of time the couple spends together; (3) nature of the activities the couple engaged in; (4) the interrelationship of the couple’s personal affairs; (5) whether the couple vacationed together; and (6) whether the couple spent holidays together.
The duration of these sessions, which, generally, shall not exceed two hours may, should the husband so wish, be inferior to this period.
Given that each case is fact specific, it is not surprising that the court’s in Illinois have been inconsistent in how they rule on these issues.
The driving force behind the legislative intent, however, is not an attempt to control one’s moral behavior, but rather a desire to free the payor spouse from paying maintenance in a situation where the new relationship affects the recipient’s need for support.
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Often what we find is when men and women are dating, the man who is wanting to get the marriage thing done will feign spirituality a bit and try to win over the woman by praying and expressing an interest in church and ministry.
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In seeking a termination of maintenance based on cohabitation, the burden of proof lies with the party seeking to terminate.