Husband filed for divorce. He earned about half of what wife earned. The children would live with wife and husband would pay child support.
During the case, wife had removed husband from their health insurance coverage. The court ordered wife to pay husband $9010. That is what it cost husband to get health insurance. From the date of his removal from insurance until the divorce date.
Husband was to pay child support going forward. Wife wanted husband to pay back child support.
Wife had spent $113,000 from the parties’ retirement plans without husband’s knowledge. Wife testified that this went toward household and child expenses. Half of that money belonged to husband.
If husband had paid back child support, it would have come to $36,220. His half of the retirement funds in question was $56,500.
Wife received more in child support from using the $113,000 than his back child support would have added up to. The court denied wife’s request for back support from husband.
Husband asked for maintenance. Wife tried to get out of paying maintenance. She argued that the parties had cohabitated. The Illinois cohabitation statute can stop a future maintenance obligation. The husband in this case would have to have cohabitated with another person. As if husband and the other person were married.
The wife was that other person. The court said that people who are married to each other are not considered cohabitating with each other. Even if they are planning to be divorced. Husband was awarded maintenance.
In re Marriage of Juiris, 2018 IL App (1st) 170545, January 22, 2018.