Money and financial disagreements are common causes of marital discord. It is natural for these disagreements to carry over even once a divorce is inevitable. However, until the divorce decree is final, both spouses must refrain from frivolous spending that only benefits themselves and negatively impacts the joint marital assets that are to be equitably divided. You may have found out that your spouse bought an expensive new car or took a trip with the person they have been having an extramarital affair with. This type of wasteful spending is known as dissipation, and it can have repercussions during the divorce process.
Impact of Dissipation on a Divorce in Illinois
For wasteful spending to be considered dissipation, it must have occurred after the marriage has undergone an “irretrievable breakdown.” Illinois law limits claims to spending which occurred five years before the claim is made and three years from when the other spouse found out about the spending.
Dissipation occurs when money is used or spent in a way that only benefits one of the spouses. If it is a purchase that you disagree with but which is generally for the benefit of the family, it is unlikely to be ruled as dissipation of marital assets. Behaviors that can qualify as dissipation include:
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