In re Marriage of Churchill, 2019 IL App (3d) 180208

- Case citation and parties
In re Marriage of Churchill, 2019 IL App (3d) 180208. Petitioner-Appellee: Amy B. Churchill. Respondent-Appellant: John Churchill.

- Key legal issues
1. Whether the former spouse’s relationship with a new partner constituted “cohabitation on a resident, continuing conjugal basis” sufficient to terminate maintenance under 750 ILCS 5/510(c).
2. Whether the trial court abused its discretion in awarding permanent maintenance.

- Holding/outcome
The Third District affirmed. The appellate court upheld the trial court’s denial of John’s petition to terminate maintenance (finding no de facto marriage/cohabitation) and affirmed the award of permanent maintenance of $10,000 per month to Amy.

- Significant legal reasoning (concise)
- Statutory framework/standards: Termination of maintenance requires proof of cohabitation constituting a de facto marriage. Courts consider nonexhaustive factors (Herrin): length of relationship, time spent together, nature of activities, interrelation of personal affairs, vacations/holidays together, financial commingling, permanence/mutual commitment. The party seeking termination bears the burden; trial-court factual findings are reviewed for manifest-weight/abuse-of-discretion.
- Application of facts: The trial court found the relationship was an intimate dating relationship of limited duration (met Nov 2016, dating from Feb 2017), not a resident, continuing conjugal relationship. Key findings supporting denial of termination included: the new partner maintained separate living quarters (converted room at his business and a permanent Texas address), no change of address, no transfer of furniture or personal effects, lack of joint accounts or commingled finances, limited household participation (occasional chores/gifts/visits), no keys/toothbrush kept at petitioner’s home, and children/GAL testimony that he was treated as a guest. Gifts, vacations, and occasional overnight stays—while showing intimacy—were found characteristic of early dating and insufficient to establish a de facto marriage.
- On maintenance, the court made specific findings on statutory factors (duration of marriage, Amy’s limited work history/earning capacity as a long-term homemaker, financial need, and John’s ability to pay) and properly exercised its discretion in awarding permanent maintenance.

- Practice implications
- To terminate maintenance, litigants must prove more than dating/occasional overnight stays: emphasize proof of shared residence, commingled finances, mutual estate planning, permanent relocation, and partnership-like conduct. Surveillance, address records, keys, deliveries, joint accounts, and witness testimony are critical.
- Defenders should highlight separate residences, lack of financial intermingling, temporariness, and limited household integration.
- For maintenance awards, obtain detailed findings on each statutory factor to withstand appellate review; document recipient’s income-earning capacity, homemaker history, and payer’s ability to pay.
- This decision distinguishes cases where an affirmative, continuous shared residence was proven (e.g., Snow, Sappington, Walther), reinforcing the high factual burden on the moving party.