Anderson & Boback Logo

Have You Been Caught Cheating?

Published
Categorized as Property Division

When a spouse catches his or her mate cheating they often want him or her to pay, literally. However, it’s a common misconception that the non-cheating spouse will be financially compensated as a result of the cheating spouse’s misconduct.

Illinois is a “no fault” state meaning that it is not necessary for the spouse seeking a divorce to prove that the other spouse is at fault for the breakdown of the marriage (e.g.  for committing adultery, mental cruelty, or physical abuse). Illinois only requires that “irreconcilable differences have caused an irretrievable breakdown of the marriage and future efforts at reconciliation are impracticable and not in the best interest of the family.”  As a result, adultery alone cannot be considered in the division of property or in awards of maintenance (alimony).
The only part of Illinois law that allows the Court to consider adultery in the division of property is where the cheating spouse has dissipated marital funds. Dissipation is the use of marital funds for the benefit of one spouse for a purpose unrelated to the marriage at the time the marriage is undergoing an irreconcilable breakdown. For example, if a husband bought a $5,000 ring for his girlfriend when the marriage was undergoing a breakdown, the wife may have a claim of dissipation. She would argue that the husband should reimburse her $5,000 in the final allocation of property.

Dissipation is not only limited to adultery.  Courts have found dissipation where marital funds have been spent on alcohol and drugs, gambling, and transferring of funds to third-party accounts. Investigating these claims can be costly and there are time restraints on when they can be filed. These are important considerations to discuss with your lawyer if you think you may have a viable claim.

Was this information helpful?

You May Also Like

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016,…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870