How Marital Misconduct Affects Property Division In Illinois

Illinois is an equitable distribution state, which means courts divide marital property fairly but not necessarily equally. Most people assume that means misconduct like adultery or emotional abuse will tip the scales dramatically in their favor. It doesn’t work that way most of the time. Understanding when bad behavior actually matters can save you from building a case around the wrong facts.

Illinois Law And Equitable Distribution

The Illinois Marriage and Dissolution of Marriage Act governs how courts split assets. According to 750 ILCS 5/503, judges consider multiple factors when dividing property, including the duration of the marriage, each spouse’s economic circumstances, and contributions to marital assets. Notice what’s missing from that list? Fault. Illinois shifted to no-fault divorce decades ago, and that change fundamentally altered how misconduct plays into property division.

Unfortunately, just because your spouse committed adultery, you can’t expect a bigger share of assets during distribution. A judge won’t consider that unless it directly leads to you being financially harmed. That’s why the concept of dissipation matters in these cases.

When Misconduct Actually Impacts Asset Division

Dissipation is the legal term for wasting marital assets for a non-marital purpose. If your spouse drained the savings account to fund an affair, bought a car for their girlfriend, or gambled away money during the marriage breakdown, that’s dissipation. Courts will adjust the property division to compensate you for those losses.

Common examples of dissipation include:

• Spending marital funds on a romantic partner during separation
• Hiding money in secret accounts or giving it to friends for safekeeping
• Selling marital property below market value to spite you or reduce the estate
• Taking expensive trips or making luxury purchases after the marriage has clearly failed
• Racking up credit card debt on personal indulgences once divorce seems inevitable

The timing matters. Courts typically look at conduct that occurred after the marriage started to break down irretrievably. Spending money on a vacation together five years ago won’t qualify. Buying jewelry for a new partner last month probably will.

Proving Financial Misconduct

Claiming dissipation isn’t enough. You’ve got to prove it happened, and that requires documentation. Bank statements, credit card records, receipts, and witness testimony all become evidence. At Merel Family Law, we’ve handled cases where spouses tried to hide dissipation by using cash or routing transactions through business accounts. Forensic accountants can trace those patterns when the numbers don’t add up.

You’ll also need to show that the spending was for a non-marital purpose. If your spouse withdrew $10,000 from savings, you can’t just claim dissipation without explaining where it went. Did they pay off a joint credit card? That’s not dissipation. Did they wire it to someone they met online? That’s worth investigating.

Other Types Of Misconduct That May Matter

Physical abuse or threats don’t directly change property division, but they can influence other parts of your case. If domestic violence is documented, it affects custody decisions, parenting time, and whether you’re entitled to exclusive possession of the home during proceedings. Those outcomes indirectly shape the financial settlement because they determine living arrangements and support obligations.

Economic abuse is another factor. If your spouse controlled all the finances, prevented you from working, or sabotaged your career, judges may account for that when deciding maintenance and property splits. A Chicago complex divorce lawyer can present evidence showing how financial control left you at a disadvantage and argue for a more favorable division to compensate.

What Doesn’t Influence Property Division

Some types of misconduct simply won’t move the needle in property cases. Emotional abuse, verbal arguments, and general unpleasantness don’t count as dissipation unless they led to financial waste. You can’t get a bigger share of the retirement account because your spouse was difficult to live with or refused to go to counseling.

Adultery alone won’t change the outcome either. Unless the affair directly cost the marriage money through gifts, trips, or joint funds spent on the other person, infidelity stays out of the property division conversation. It’s frustrating for clients who feel betrayed, but Illinois courts maintain that personal grievances shouldn’t dictate financial outcomes.

Building Your Case

If you believe your spouse wasted marital assets, start gathering evidence now. Pull bank records going back at least two years. Track unusual withdrawals or transfers. Save any communications where your spouse mentions spending or financial decisions. The more documentation you have, the stronger your dissipation claim becomes.

Working with a Chicago complex divorce lawyer who understands how Illinois courts evaluate misconduct can make the difference between a fair settlement and one that leaves you covering someone else’s bad choices. These cases require strategic presentation and solid proof, not just accusations.