spousal maintenance

[dadE]

I am considering getting married again.  My divorce order in Illinois reads "Respondent is awarded spousal maintenance in the amount of ____ each and every week continuing through the end of October 2008."  Of course, the amount is stated in the court document.  It does not list any condition for termination of support.  

1.  If I get married again is this obligation for support automatically terminated or will it continue until the end October 2008?

[socrateaser]

>I am considering getting married again.  My divorce order in
>Illinois reads "Respondent is awarded spousal maintenance in
>the amount of ____ each and every week continuing through the
>end of October 2008."  Of course, the amount is stated in the
>court document.  It does not list any condition for
>termination of support.  
>
>1.  If I get married again is this obligation for support
>automatically terminated or will it continue until the end
>October 2008?

The rules for support termination vary by jurisdiction. I took a quick peek at the IL statutes and found the following:

"750 ILCS 5/510(c). Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance is terminated upon the death of either party, or the remarriage of the party receiving maintenance, or if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis."

Based upon the above, your court order would terminate upon your remarriage, if you are the party receiving maintenance. However, if your court order was stipulated, i.e., agreed to by yourself and your ex-spouse, rather than forceably ordered by the court after a final hearing on the merits, then you would be entitled to support regardless of your remarriage.

As I don't know whether your support order was agreed to or forceably ordered, I cannot provide you with a direct answer. However, you should be able to figure out the answer now that you have the law.