Divorce can be one of the most difficult and emotionally taxing experiences in a person’s life. When navigating the process, one of the key questions many people have is how marital misconduct—such as infidelity, abuse, or financial dishonesty—might impact the division of property. In Illinois, as in many states, divorce law aims to divide assets in a fair and equitable manner. So, what happens if one spouse’s actions during the marriage have been less than honorable? Understanding how marital misconduct factors into the division of property, child custody, and other aspects of your divorce is essential to making informed decisions during this challenging time.
Marital misconduct refers to actions that a spouse takes during the marriage that violate the trust, fairness, or expectations of the relationship. Common examples include:
- Infidelity: Engaging in an extramarital affair.
- Abuse: Physical, emotional, or verbal abuse towards a spouse or children.
- Addiction: Substance abuse or other destructive behaviors that impact the marriage or the well-being of the family.
While these behaviors can understandably make the divorce process more emotionally charged, they are typically not considered when dividing marital property in Illinois, unless such conduct resulted in dissipation of marital assets.
Why Does Marital Misconduct Not Affect Property Division in an Illinois Divorce?
In Illinois, the division of property in a divorce is guided by the principle of “equitable distribution,” which means property is divided fairly but not necessarily equally. According to Illinois law, marital misconduct generally does not play a direct role in the division of assets.
The primary factors considered in the division of property include, but are not limited to:
- The contribution each spouse made to the acquisition, preservation, or appreciation of the property.
- The economic circumstances of each spouse, including income, assets, debts, and future earning potential.
- The duration of the marriage and the needs of each party.
In most cases, Illinois courts are more focused on achieving an equitable (fair) distribution of property based on these factors, rather than penalizing one spouse for their misconduct during the marriage. The law is designed to ensure a fair financial outcome, regardless of one spouse’s behavior during the relationship.
Dissipation
The only type of martial conduct that may impact property division is dissipation. In Illinois, the concept of “dissipation of marital assets” plays a critical role in property division during a divorce. Dissipation occurs when one spouse improperly uses marital property for their sole benefit and unrelated to the marriage, often after the marriage has begun to break down. This can include spending money on extramarital affairs, gambling, extravagant gifts, or other wasteful expenditures.
Under Illinois law, the court considers dissipation when dividing marital property. The spouse alleging dissipation must prove that the expenditures occurred after the marriage experienced an irretrievable breakdown and were unrelated to legitimate marital purposes. A key factor is timing—dissipation claims must be raised promptly, typically within three years of discovering the dissipation or no later than the date the marriage dissolved.
If the court finds dissipation occurred, it can adjust the division of marital assets accordingly. For example, the non-dissipating spouse may be awarded a larger share of the remaining marital property to offset the loss caused by the dissipation. This ensures fairness and accountability in the property division process.
To protect your interests, it’s crucial to document and address any suspected dissipation early in the divorce process. An experienced family law attorney can guide you through this complex issue and help ensure an equitable outcome.
How Marital Misconduct Can Affect Child Custody and Parenting Time
While marital misconduct doesn’t typically influence property division, it can impact other aspects of your divorce, particularly child custody and parenting time. If one spouse’s behavior poses a threat to the well-being of the children—such as abuse, substance addiction, or an affair that affects the children’s emotional health—this can affect custody decisions.
Illinois courts make custody decisions based on what is in the best interest of the child, and factors such as a parent’s moral fitness, mental health, and ability to provide a safe and stable environment will be considered. If misconduct by one spouse negatively impacts the child’s well-being or ability to have a positive relationship with both parents, it may lead to a change in the custody arrangement or a reduction in parenting time. However, marital misconduct alone (such as infidelity) does not automatically affect custody. Instead, the court evaluates how the behavior impacts the children and the overall family dynamic.
Contact Hayes Law Today
If you’re facing divorce and have concerns about how marital misconduct may affect your property division, custody arrangements, or other aspects of your case, it’s crucial to consult with an experienced family law attorney. At Hayes Law, LLC, we understand how challenging this process can be and are here to guide you every step of the way.
Contact us today to schedule a consultation and learn more about how we can help you navigate the complexities of divorce law in Illinois. Let us help you secure a fair resolution for your future.
