Can I Continue Living With My Ex After an Illinois Divorce?

 Posted on July 06, 2024 in Divorce

Not all divorces are alike. Some couples end their marriages in a flurry of hostility and try to avoid any further contact after the divorce. Others maintain good relations and communication even after their marriages officially end. In some cases, a couple might feel it makes sense to continue living together post-divorce.

But even if you and your ex are willing to live together after the divorce, is it legal? This article will discuss whether you can live with your ex-spouse after a divorce in Illinois. However, it is always best to direct any questions about divorce to an Illinois divorce attorney.

Why Do Some Couples Want to Continue Living Together?

Although it may not happen very often, there are several reasons why some divorced couples choose to live together: 

• At least one spouse lacks the financial means to find other living arrangements. This is the most common reason couples choose to continue living together. It is also becoming more frequent as inflation skyrockets and fewer people can afford new housing.

• The couple may decide it is best for the children. Divorce is hard for many children to cope with, so some divorced parents feel that living together will soften the blow for their kids.

• The house belongs to both spouses and neither wants to sell. In most divorces, the family home belongs to both parties. Spouses can choose to divide the house by selling it, but some decide that they might as well live in it.

Is It Legal to Continue Living Together After Divorce?

For years, Illinois law required a mandatory separation period for couples who wanted to get divorced. If a spouse alleged that the other was at fault for the divorce — by having committed adultery, for example — the husband and wife would be required to live "separate and apart" for at least six months.

Illinois has since become a no-fault state, which means that no one is at fault for causing a divorce in the eyes of the law. The only grounds for a divorce is that the couple has "irreconcilable differences." 

However, spouses are still required to live "separate and apart" if one spouse objects to the divorce and denies that there are irreconcilable differences. "Separate and apart" does not mean that the couple cannot live under the same roof. Two people who sleep in separate bedrooms, do not spend holidays together, and/or do not share expenses, for example, may be considered to be living separately and apart.

Illinois law does not forbid couples from living together after divorce, and two consenting adults can make their own decisions about their personal lives. 

Contact a Lombard, IL Divorce Lawyer

At A. Traub & Associates, we are not only committed to guiding you through the divorce process. We are also here to help you navigate post-divorce life. Call 630-426-0196 to speak with an experienced and friendly Wheaton, IL divorce attorney today.