Understanding Property Division in Divorce: Dissipation of Marital Assets in Illinois

When couples divorce in Illinois, one important issue that can come up is dissipation of marital assets. In simple terms, dissipation means that one spouse used marital money or property for their own benefit, and not for the marriage, at a time when the marriage was already breaking down.

For example, dissipation might include:

• Spending large amounts on vacations, gambling, or gifts for someone outside the marriage.

• Liquidating marital accounts and keeping the money for personal use.

• Using marital funds in a way that doesn’t benefit the family during separation.

Who has to prove dissipation?

• The spouse claiming dissipation must show some evidence that marital money was improperly spent.

• Once that’s done, the burden shifts: the other spouse has to clearly explain and prove where the money went. Vague answers like “I spent it on bills” usually aren’t enough.

Timing matters

Dissipation is only an issue once the marriage has started to break down beyond repair. If questionable spending happens during that time, the court may count it as dissipation.

How courts review dissipation claims

• Judges look closely at the facts of each case.

• If a judge finds that dissipation occurred, they can account for it when dividing property in the divorce.

• Dissipation findings are fact-based, which means they are hard to overturn on appeal unless the evidence strongly suggests otherwise.

Why this matters for you

If you believe your spouse has been spending marital money unfairly, raising a dissipation claim can help make sure property is divided more fairly. On the other hand, if you are accused of dissipation, you’ll need clear records and explanations to defend yourself.

Bottom line: Dissipation can significantly affect the outcome of your divorce case. Because each situation is fact-specific, it’s important to talk with an attorney about your circumstances.

This post is for general information only and not legal advice. Every case is different— if you have questions about dissipation or property division in your divorce, please reach out to discuss your specific situation.