What Is Considered Excessive Spending During Divorce in Illinois?

Illinois courts use the status quo standard to evaluate spending during a divorce. Spending that is consistent with what a spouse normally did during the marriage is generally permissible. Spending that departs significantly from that baseline, particularly when it serves only that spouse and depletes marital funds, can be classified as dissipation under 750 ILCS 5/503(d)(2). Examples courts have found to be excessive include sudden luxury purchases inconsistent with the couple's lifestyle, large gambling losses, spending on an affair partner, and transferring marital assets to third parties. There is no specific dollar threshold. Courts look at context: whether the spending was unusual relative to the marriage, whether it benefited only the spending spouse, and whether it occurred while the marriage was breaking down.

Can I Stop My Spouse From Spending Money During a Divorce in Illinois?

Yes. Once a divorce petition is filed, your attorney can petition the court for a Financial Temporary Restraining Order under 750 ILCS 5/501. This order restricts both parties from transferring, concealing, or spending marital assets beyond ordinary and necessary living expenses. It can be granted on an emergency basis, sometimes the same day the petition is filed, without advance notice to your spouse. Violations of a Financial Temporary Restraining Order are treated as contempt of court and can result in sanctions. If your spouse has already been spending at an alarming rate, raising this issue with your attorney immediately is the most effective way to limit further damage while your case proceeds.

How Do I Prove My Spouse Is Dissipating Marital Assets in Illinois?

Proving dissipation requires financial documentation showing what was spent, when it was spent, and why it does not qualify as a legitimate marital expense. Your attorney can obtain this through the formal discovery process: bank statements, credit card records, tax returns, casino records, and any other documents that trace where the money went. Once you establish that dissipation occurred, the burden shifts to your spouse under 750 ILCS 5/503(d)(2) to prove the spending served a legitimate marital purpose. Building a strong dissipation claim also requires meeting procedural requirements, including filing a Notice of Intent to Claim Dissipation at least 60 days before trial. For a full breakdown of how Illinois courts evaluate and adjudicate dissipation claims, see our comprehensive guide to dissipation of marital assets in Illinois.

How Far Back Can a Dissipation Claim Go in Illinois?

Under 750 ILCS 5/503(d)(2), Illinois dissipation claims are subject to two time limits. The first: no claim can cover spending that occurred more than three years after the claiming spouse knew or should have known about the dissipation. The second: no claim can reach further back than five years before the date the divorce petition was filed. Both limits apply simultaneously, and whichever creates the shorter lookback window controls. If you discovered dissipation recently but it happened six years before you filed, the five-year limit bars the claim entirely. This is why monitoring finances throughout the marriage and raising concerns with an attorney early is essential.

Does It Matter If My Spouse Is Spending Non-Marital Money?

Yes. Non-marital property belongs solely to the spouse who owns it and is not subject to division in an Illinois divorce under 750 ILCS 5/503(a). If your spouse is spending money that originated from a pre-marital account, an inheritance, or a trust in their name alone, that spending generally does not constitute dissipation of the marital estate. It may still be imprudent, but it is not a legal claim you can make in the property division. Dissipation only applies to marital property. If there is a dispute about whether funds are marital or non-marital, the spouse claiming non-marital status bears the burden of tracing those funds back to a non-marital source.

Genevieve Binnie, Author at Anderson Boback & Marshall

My Spouse Is Spending All Our Money During Divorce in Illinois. What Can I Do?

Posted By Genevieve Binnie

Published May 25, 2026

Categorized as Divorce, High Asset Divorce, Property Division

You are watching marital money disappear during your divorce, and you need to know whether Illinois law can do anything about it. In Illinois, when a spouse spends marital funds for their own benefit while the marriage is breaking down, it is called dissipation. Courts take it seriously, and it can directly affect how the

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Posted By Genevieve Binnie

Published May 15, 2026

Categorized as Prenuptial Agreements

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Categorized as Child Custody

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Posted By Genevieve Binnie

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Categorized as Divorce, High Asset Divorce, Property Division

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Posted By Genevieve Binnie

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Categorized as Property Division

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Posted By Genevieve Binnie

Published February 26, 2026

Categorized as High Asset Divorce, Property Division

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Author: Genevieve Binnie

My Spouse Is Spending All Our Money During Divorce in Illinois. What Can I Do?

How to Protect a Business With an Illinois Prenuptial Agreement

Child Custody for High-Net-Worth Families in Illinois

Protecting Business Interests During an Illinois Divorce: Practical Advice for Entrepreneurs

How Trusts Are Treated in Illinois Divorce

How Are Pensions Divided in Illinois Divorce? What You Need to Know