How Can Dissipation of Assets Be Addressed in an Illinois Divorce?

 Posted on October 13, 2026 in Family Law

Unexplained withdrawals or large personal expenses can raise concerns when you are getting divorced. Money that should have been available for property division might already be gone.

Illinois law allows courts to account for certain misuse of marital funds, known as dissipation, when dividing property. If you suspect your spouse has wasted marital assets during your divorce in 2026, a Bloomingdale, IL divorce lawyer can help you address it.

What Type of Spending Counts as Dissipation in Illinois?

The spending must involve marital property used for a purpose unrelated to the marriage, while the marriage is breaking down. It often benefits one spouse. However, personal benefit is not always required. Disagreeing with an expense does not make it dissipation.

For example, normal household expenses, such as groceries and mortgage payments, are not treated the same as money spent on an affair partner. An expense does not become improper simply because only one spouse made the payment.

Moving money between accounts also does not, by itself, establish that it was wasted. If the funds still exist, the issue might concern disclosure or access rather than dissipation. The review must determine where the money went and what it paid for.

How Do You Raise a Dissipation Claim in an Illinois Divorce?

Your attorney prepares and serves a formal notice of intent to claim dissipation. Under 750 ILCS 5/503, the notice must identify the property involved and the relevant time periods.

The notice should state:

• When the marriage began undergoing an irretrievable breakdown
• Which money or property was allegedly dissipated
• When the alleged dissipation occurred

A certificate showing that the notice was served must also be filed with the court. Notice is due no later than 60 days before trial or 30 days after discovery closes, whichever is later.

State law also limits how far back a claim reaches. This includes a five-year limit before the divorce petition was filed. It also includes a separate rule tied to when you knew or should have known about the spending. Your attorney should review those dates before including older transactions.

How Does a Spouse Respond to a Dissipation Claim in Illinois?

A spouse accused of dissipation should explain the specific transactions and provide records showing how the money was used. Once the spouse making the claim presents enough initial evidence of dissipation, the accused spouse must account for the spending with clear and convincing evidence.

Simply saying that money went toward "bills" or "family expenses" is not enough. Receipts and account statements should connect the disputed funds to identifiable expenses.

For example, a large cash withdrawal might have paid for a necessary repair to the family home. An invoice and messages with the contractor would help support that explanation. The response can also challenge whether the spending occurred during the breakdown of the marriage.

How Does an Illinois Court Decide Whether Spending Was Dissipation?

The court reviews the purpose of the spending and whether it occurred while the marriage was undergoing an irretrievable breakdown. The judge considers financial records alongside testimony from both spouses.

The breakdown does not necessarily begin on the day someone files for divorce. Earlier events could establish that the relationship was already failing.

The court also weighs whether each explanation is credible. Records showing the amount withdrawn are useful, but they might not reveal its purpose. A judge must decide whether the money served a legitimate marital need or was used for an unrelated personal benefit.

How Does Proven Dissipation Affect Property Division in Illinois?

The court takes proven dissipation into account when dividing the remaining marital property. One approach is to charge the wasted amount against the spending spouse’s share.

For example, suppose $180,000 remains and one spouse dissipated another $20,000. If the judge considers an equal division appropriate, the court could count the wasted funds toward that spouse’s $100,000 share. That would leave them with $80,000 of the remaining assets, while the other spouse receives $100,000.

This is an illustration, not a required formula. Illinois divides marital property fairly, rather than automatically equally, and dissipation is just one factor among others.

How Do You Address Spending That Is Still Happening During an Illinois Divorce?

According to 750 ILCS 5/501, a spouse can seek an injunction protecting property while the divorce is pending. Your attorney can help you request a temporary order restricting further transfers or spending.

The request should identify the threatened loss and provide supporting information. Recent withdrawals and messages threatening to empty an account could support a request for protection.

The order must also account for necessary living and business expenses. Review its terms before making transactions yourself, since restrictions could apply to both spouses.

Contact a DuPage County, IL Divorce Lawyer

Disputed spending should be addressed before you agree to divide marital property. Your attorney will help you investigate questionable transactions and respond to dissipation claims.

At Mevorah & Giglio Law Offices, we have over 175 years of combined experience and provide client-focused service with frequent communication. For a free consultation, contact our Bloomingdale, IL property division attorneys or call 630-932-9100.