Can You Live Together While Getting Divorced in Illinois?

 Posted on November 30, 2025 in Divorce

In Illinois, you and your spouse can live together during your divorce. However, doing so can bring both practical and legal challenges. Before you start your divorce, you must understand what living together during the proceedings can mean for finances, custody, and your emotional well-being. The experienced DuPage County, IL divorce lawyers at Andrew Cores Family Law Group can help you make choices that protect your comfort and rights.

Does Illinois Law Say Anything About Living Together While Getting a Divorce?

Illinois law does not require couples to live separately before filing for divorce. Under Section 401(a) of the Illinois Marriage and Dissolution of Marriage Act, you can obtain a divorce if your marriage has broken down irretrievably, regardless of whether you share a home. The law once required spouses to live "separate and apart" for a certain time before divorcing, but this rule was eliminated. Now, what matters is proving that the relationship cannot be repaired.

Why Would a Couple Choose To Live Together During Divorce?

There are several reasons why a couple might want to stay under one roof while their divorce is pending. These include:

• Saving money on rent or mortgage payments

• Keeping children in a familiar environment

• Waiting to sell or refinance the home

• Avoiding conflict over temporary housing

Divorce can be emotionally draining, and living together temporarily may help you both manage daily responsibilities. Still, it is wise to set ground rules early. Create separate living spaces if possible and divide household responsibilities fairly. This can prevent confusion and reduce the chance of arguments.

Can Living Together Affect Your Divorce Case?

Living together during a divorce can affect several parts of your case. Courts often consider how you manage finances and interact while under the same roof. If you share expenses or care for children together, that might influence decisions about maintenance and parenting time.

Under 750 ILCS 5/504, courts determine spousal maintenance based on income, living expenses, and each party’s needs. If you and your spouse still share bills or bank accounts, it may be harder to show financial independence. Similarly, when deciding custody, judges rely on 750 ILCS 5/602.7, which focuses on the best interests of the child. If your shared living arrangement causes tension, it may affect how parenting time is structured.

If you choose to stay in the same household, document your finances carefully. Keep records showing which bills you pay, and avoid making major joint purchases during the divorce process. The more clarity you have, the easier it will be for your attorney to present your case.

When Should You Move Out or Ask the Court for Exclusive Possession?

If living together becomes unsafe or emotionally harmful, you can ask the court for exclusive possession of the marital home. Under 750 ILCS 5/501(c-2), a judge can issue a temporary order allowing one spouse to remain in the home while the other moves out. This typically happens when continued cohabitation would jeopardize a spouse’s or child’s mental or physical health. Your lawyer can help you request temporary relief orders to protect your interests until the final divorce judgment is entered.

Schedule a Free Consultation With a Wheaton, IL Divorce Attorney

Living together while divorcing is possible, but it requires clear boundaries and careful planning. Every situation is unique, and what works for one couple may not work for another. At Andrew Cores Family Law Group, our DuPage County, IL divorce lawyers understand how to guide clients through this process with compassion and precision.

Our team values alternative dispute resolution methods, such as mediation and collaborative divorce, helping clients find practical, respectful solutions whenever possible. At the same time, we are tough litigators who will fight aggressively on your behalf when that is necessary. If you are considering divorce and still living with your spouse, call 630-871-1002 to schedule your free consultation today.