In re Marriage of Colbert, 2024 IL App (5th) 230196-U.pdf

Full Case Summary

In In re Marriage of Roger D. Colbert Jr. and Stacey L. Colbert, the Appellate Court of Illinois reversed and remanded a trial court decision on maintenance and attorney fees after their divorce.

Background:

• Roger D. Colbert Jr. and Stacey L. Colbert married in 1995, divorced in 2018, with Roger ordered to pay $2,045 monthly maintenance.
• In April 2022, Roger sought to end maintenance, alleging Stacey cohabited with boyfriend Jody Short on a conjugal, continuous basis, making him no longer responsible under Illinois law.

Trial Court's Ruling:

• The court denied Roger’s cohabitation claim, saying insufficient proof existed to end maintenance.
• It also ordered Roger to pay $3,000 toward Stacey’s attorney fees, noting income disparity but without detailed statutory factor analysis.

Appellate Findings:

1. Cohabitation Evidence: The appellate court found Roger provided substantial surveillance showing Stacey living with Short, including legal address changes and frequent overnight stays. This warranted ending maintenance retroactive to the cohabitation date.
2. Attorney Fees: The trial court erred by not fully evaluating required factors in the Illinois Marriage Act. Hence, the fee order lacked legal justification.

Conclusion:

The appellate court reversed, ordering termination of maintenance and reimbursement for what Roger paid after cohabitation began. It remanded for determining the exact cohabitation date and reevaluating attorney fees under proper standards.