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 marital estate is divided.
Dissipation claims carry strict procedural deadlines. Miss the required filing window, and a court may not be able to help you recover what was spent, no matter how much your spouse went through or how well documented it is. If your concerns involve financial decisions made before the divorce was filed, see our related guide on spending or hiding marital money before filing for divorce in Illinois.
Key Takeaways
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Illinois Courts Expect Both Spouses to Maintain the Financial Status Quo
When a divorce is underway, Illinois courts expect both parties to keep spending at the same level it was during the marriage. This is known as the status quo standard.
If your spouse routinely spent a certain amount on haircuts, clothing, or entertainment during the marriage, continuing to do so during the divorce is generally permissible. What courts scrutinize is spending that looks significantly different from what was normal. A sudden shift to luxury purchases, high-end travel, or large unexplained cash withdrawals raises red flags, especially when it depletes money that both spouses have a legal interest in.
The status quo principle protects you. It also applies to you. Unusual increases in your own spending during the divorce can be used against you in the same way.
What Counts as Dissipation Under Illinois Law?
Under 750 ILCS 5/503(d)(2), dissipation is the use of marital property for one spouse’s sole benefit, for a purpose unrelated to the marriage, during a period when the marriage is undergoing an irretrievable breakdown. Both elements must be present: the spending must serve only one spouse, and the marriage must already be breaking down when it happened.
Common examples Illinois courts have found to be dissipation include:
- Spending on an extramarital affair, including gifts, travel, and living expenses paid to an affair partner
- Gambling losses from casinos, sports betting, or other wagering using marital funds
- Large purchases inconsistent with the couple’s normal lifestyle, such as a luxury vehicle purchased when a perfectly functional car is already available
- Excessive retail spending at stores the spouse did not typically patronize during the marriage
- Transferring marital assets to family members or friends to remove them from the marital estate
- Allowing marital property to deteriorate by failing to maintain it, such as letting insurance lapse or stopping mortgage payments
Ordinary living expenses, even if they continue after separation, are generally not dissipation. Courts distinguish between maintaining a reasonable standard of living and deliberately depleting the marital estate.
How to Respond If Your Spouse Is Spending Marital Money During Divorce
If you believe your spouse is dissipating marital assets, there are two parallel tracks to pursue simultaneously: stopping the bleeding and preserving your right to make a claim.
Stop Further Dissipation
Your attorney can petition the court for a Financial Temporary Restraining Order, which prohibits both parties from transferring, concealing, or spending marital assets outside of ordinary living expenses. This order can be requested as part of or shortly after the divorce petition is filed. Violations are treated as contempt of court.
Preserve Your Dissipation Claim
To pursue a dissipation claim at trial, Illinois law requires you to file a Notice of Intent to Claim Dissipation. Under 750 ILCS 5/503(d)(2), this notice must be filed no later than 60 days before trial and no sooner than 30 days after discovery closes. If you miss this deadline, the court will not consider your dissipation claim, regardless of how well documented it is.
Gathering financial records is the foundation of any dissipation claim. Your attorney can use the formal discovery process to subpoena bank statements, credit card records, casino records, and any other documentation that traces where the money went.
Worried Your Spouse Is Draining Your Marital Estate? Talk to an Attorney Now.
Time Limits on Dissipation Claims in Illinois
Illinois law imposes strict time limits on how far back a dissipation claim can reach. Under 750 ILCS 5/503(d)(2), no dissipation claim can cover spending that occurred more than three years after the claiming spouse knew or should have known about the dissipation. Additionally, no claim can reach back further than five years before the divorce petition was filed.
These limits exist because Illinois courts historically saw cases where spouses had been separated for a decade or more, each side making dissipation claims stretching back years before either had filed. The current statute was specifically amended to address this problem and create reasonable boundaries.
What this means practically: if you suspect dissipation, the clock matters. Paying attention to your finances, monitoring account statements, and raising concerns with your attorney early protects your right to make a claim. Waiting too long can foreclose options that would otherwise have been available to you.
What Happens When the Court Finds Dissipation?
When a court determines that dissipation occurred, it factors the dissipated amount into the division of marital property. The non-dissipating spouse typically receives a credit equal to their equitable share of the dissipated funds, drawn from the dissipating spouse’s portion of the marital estate.
For example, in a marital estate subject to a 50/50 division where one spouse dissipated $40,000, the court credits the other spouse $20,000 (their 50% share) by adjusting what the dissipating spouse receives from remaining assets. The dissipating spouse does not simply pay cash. The adjustment comes out of their share of whatever property remains.
In cases where the dissipation was egregious or the dissipating spouse intentionally concealed it, courts also have authority to award attorney fees as a sanction under 750 ILCS 5/508.
Final Thoughts on Excessive Spending During Divorce in Illinois
Watching a spouse drain marital accounts during a divorce is one of the most stressful financial situations a client can face. Illinois law gives you real tools to address it, but those tools have deadlines and procedural requirements that must be followed precisely.
If you are seeing signs that your spouse is dissipating marital assets, do not wait. Contact Anderson Boback & Marshall for a confidential consultation. Our attorneys know how to move quickly to protect your share of the marital estate and build the documentation you need to make your case.
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Frequently Asked Questions About Excessive Spending During Divorce in Illinois
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.
