The wish to share your life with a romantic partner is human nature. After you decide to file for divorce, you may be eager to find a boyfriend or girlfriend who can become the loving partner you wished your soon-to-be ex-spouse would have been. You may have even decided to end your marriage because you met someone else. While the desire to date before a divorce is finalized is understandable, dating during divorce can negatively impact the outcome of your divorce in several different ways.

Legal Implications of Dating During Divorce

You may be shocked to learn that adultery is technically a misdemeanor criminal offense in Illinois. Of course, it is almost never prosecuted and the chances of a person being convicted of adultery are nearly zero. However, dating before the completion of your divorce can have significant civil consequences.

Research shows that approximately 60 percent of married individuals have committed some form of infidelity during their marriage. Marital infidelity may range from brief emotional affairs to long-term extramarital relationships. While some married couples can overcome an affair and rebuild a trusting relationship, others cannot and choose to divorce. If you have decided to end your marriage and infidelity played a role in the decision, you probably have questions about how the cheating will impact your divorce. Affairs can lead to legal implications as well as emotional complications during the divorce process.

Grounds for Divorce in Illinois

The spouse initiating a divorce is called the petitioner according to Illinois law. He or she petitions the court to grant the divorce. Traditionally, a spouse would need a valid reason or “grounds” for requesting the divorce. These grounds included impotence, abandonment, severe alcohol or drug abuse, mental cruelty, adultery, and other issues that led to the destruction of the marriage relationship. In 2016, Illinois eliminated all fault-based grounds. It is now a “pure no-fault” state and the only ground for divorce is “irreconcilable differences.” Although adultery is no longer a legal reason for divorce, there are still several ways that infidelity may influence the outcome of your divorce.

Dissipation of Assets

Illinois law defines the “dissipation of assets” as the use of marital funds for a purpose that does not benefit the marriage during a time when the marriage is experiencing an “irretrievable breakdown.” One common example of dissipation occurs when a spouse spends a great deal of money on an affair partner. If a divorcing spouse buys expensive gifts for his boyfriend or girlfriend or takes an affair partner on a luxurious vacation, the other spouse may have a valid dissipation claim. If the innocent spouse and his or her lawyer can prove that the other spouse dissipated assets, the innocent spouse may be entitled to a proportionally larger share of the marital assets during property division.

The term “dissipation” refers to assets that are wasted, destroyed, or used recklessly near the end of a marriage. When a spouse uses assets for a purpose not related to the marriage while the marriage is undergoing a breakdown, the other spouse may have a valid dissipation claim. Illinois law describes what type of spending constitutes dissipation and when the spending must occur in order to qualify as dissipation. If you are planning to get a divorce, and you have reason to believe that your spouse has squandered assets, a divorce lawyer experienced in handling dissipation claims can help protect your rights during the division of marital property.

What Type of Spending Is Considered Dissipative?

The Illinois Supreme Court defines dissipation as “the use of use of the marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown.” Spending money on groceries, utility bills, or other legitimate needs is not considered dissipative. However, spending that is wasteful or reckless in nature may be considered dissipation. In previous Illinois divorce cases, the following types of spending have been deemed as dissipation:

If your marriage is coming to an end because your spouse cheated on you, you may wonder how this could affect the divorce process. Illinois is a “pure no-fault” state, which means that there are no fault-based grounds for legally terminating your matrimonial union. If you and your spouse are getting divorced in Illinois, you will simply list “irreconcilable differences” as to the reason that you are seeking a divorce. However, marital infidelity can still affect your divorce proceedings in several important ways.

Assets Wasted During an Affair Can Constitute Dissipation

Illinois law prohibits courts from considering cheating or other types of marital misconduct when making property division, child support, or spousal maintenance decisions. However, there are several exceptions to this rule. According to the Illinois Supreme Court, “dissipation” occurs when a spouse uses marital funds or property “for a purpose unrelated to the marriage” while the marriage is “undergoing an irretrievable breakdown." Dissipated assets can include money spent on gifts or vacations for a secret lover, property which was sold in order to fund the affair, or other assets which were used to benefit the paramour. If you and your legal counsel can prove that your spouse dissipated assets, you may receive a proportionately larger share of the marital property in the divorce.