2018 IL App (3d) 170289
Ill. App. Ct.2018Background
- Divorce judgment (Dec. 14, 2014) incorporated a marital settlement requiring Pasha to pay spousal maintenance to Leilani, with maintenance terminating if Leilani "cohabits with another person on a resident, continuing conjugal basis" (750 ILCS 5/510(c)).
- Pasha petitioned (Apr. 28, 2016) to terminate maintenance, alleging Leilani cohabited with Christopher Sawyer beginning with renewed contact in 2013 and more continuously in 2015–2016.
- Evidence at hearing: Leilani visited and stayed with Christopher in Louisiana multiple times in 2014; from about May 2015 she slept at his house daily for several months, shared a bedroom at times, did household tasks (cooking, laundry, groceries), kept some clothing there, helped cash checks, spent holidays and vacations with him, and posted a Facebook photo calling their group a "family."
- Leilani also maintained a separate one-bedroom apartment (address on license, mail, school records), testified she did not intend a permanent/marital relationship and disputed that she lived at Christopher’s house regularly.
- The circuit court denied termination after weighing the totality of circumstances and the six nonexclusive factors used to assess a de facto husband-and-wife relationship; Pasha appealed.
Issues
| Issue | Plaintiff's Argument (Pasha) | Defendant's Argument (Leilani) | Held |
|---|---|---|---|
| Whether Leilani cohabited on a resident, continuing conjugal basis with Christopher, terminating maintenance under 750 ILCS 5/510(c) | Evidence showed near-daily sleeping at Christopher’s house, shared bedroom, household integration, vacations, holidays, and familial presentation — establishing a de facto husband-and-wife relationship | Maintained separate apartment, separate finances, limited permanence intent, and denied regular residence at Christopher’s house; credibility and facts support denial | Appellate court reversed: majority held totality of circumstances (length, time together, activities, interrelation of affairs, vacations, holidays) established cohabitation on a resident, continuing conjugal basis; remanded to fix termination date and refund excess maintenance paid |
Key Cases Cited
- In re Marriage of Sunday, 354 Ill. App. 3d 184 (Ill. App. 2004) (standard of review and deference to trial court factual findings on de facto spouse relationships)
- In re Marriage of Snow, 322 Ill. App. 3d 953 (Ill. App. 2001) (duration of cohabitation relevant in assessing de facto husband-and-wife relationship)
- In re Marriage of Herrin, 262 Ill. App. 3d 573 (Ill. App. 1994) (termination rationale: prevent inequity when maintenance recipient forms husband-and-wife relationship without marriage)
- In re Marriage of Susan, 367 Ill. App. 3d 926 (Ill. App. 2006) (burden on payor to make substantial showing of de facto husband-and-wife relationship)
- In re Marriage of Thornton, 373 Ill. App. 3d 200 (Ill. App. 2007) (payor must show substantial evidence of de facto relationship)