It has been very prevalent in the news this week and previous weeks that the dating website for married people, Ashley Madison, was hacked into. The hackers had hacked in a few weeks back, but this week they did a “dump” of data indicating the personal names and information for a variety of users. There is even a website where you can put in an email address and find out if that email address was part of the “dump” of registered users. If you find that a spouse or significant other had a registered e-mail account that was part of the “dump” there have been numerous explanations for same, other than that that person was having an affair.
First and foremost, not every email address necessarily belongs to the person to who is registered. It is entirely possible that someone’s e-mail address was “used” to register and it wasn’t in fact the person the email address belongs to (while, admittedly, not likely). It is also somewhat comforting to read that the majority of registered users actually never have an affair, as the website is rumored to be dominantly used by males seeking females, but not by females.
That being said, if you do find your spouse is a member of the website and contemplating taking legal action, remember that Illinois is a “no fault” state. Therefore, an affair is not something that will be taken into consideration for property division purposes. However, funds spent outside of a marriage on a non-marital purpose can be considered dissipation and subject to reimbursement to the marital estate, such as those spent on an Ashley Madison account membership, and other extravagant purchases.