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:
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