Can Spending Money On A New Boyfriend Or Girlfriend Be Dissipation?
Spending money on a new boyfriend or girlfriend can become a big issue during an Illinois divorce, especially if the money comes from marital accounts. There’s a difference between the occasional dinner out and spending thousands on vacations, gifts, hotel rooms, rent, entertainment, or covering someone else’s living expenses. When I look at these cases, I pay attention to where the money came from, when it was spent, what it was used for, and whether the marriage was already breaking down. Illinois law lets a divorce court consider dissipation of marital property when dividing assets. Depending on the amount and the evidence, spending on a new romantic partner can impact how much property each spouse gets.
What Does Dissipation Mean Under Illinois Law?
Illinois law requires courts dividing marital property to consider “the dissipation by each party of the marital property.” This requirement appears in 750 ILCS 5/503(d)(2). Illinois courts generally define dissipation as using marital property for the benefit of one spouse for a purpose unrelated to the marriage while the marriage is undergoing an irreconcilable breakdown.
Timing matters a lot. Spending money during a healthy marriage isn’t considered dissipation just because one spouse doesn’t like how it was spent. The issue is more serious when marital funds are used for personal reasons after the marriage has broken down beyond repair. That’s why I look at the marriage history along with bank statements, credit card records, travel expenses, transfers, and other financial documents.
Spending On A New Romantic Partner Can Qualify
If a spouse uses marital money to support a new romantic relationship, this can lead to a valid dissipation claim. This might include paying for expensive dinners, airfare, vacations, jewelry, hotel stays, concert tickets, rent, car payments, or big gifts for a boyfriend or girlfriend. The main question is whether marital property was used for something unrelated to the marriage during the time the marriage was breaking down.
Illinois appellate decisions show that spending related to a boyfriend, girlfriend, or dating can be important in a dissipation case. In In re Marriage of D’Attomo, 2012 IL App (1st) 111670, the court looked at expenses for a trip with a boyfriend and fees for online dating services as possible examples of dissipation. However, the amounts were too small compared to the whole marital estate to change the outcome. This shows that both the reason for the spending and the amount matter.
The Money Usually Must Be Marital Property
Under 750 ILCS 5/503(a), property acquired by either spouse during the marriage is generally considered marital property unless it falls within one of the statutory exceptions for non-marital property. Those exceptions can include property acquired before marriage, certain inheritances and gifts, and property excluded through a valid marital agreement. Illinois also presumes that property acquired after marriage and before the divorce judgment is marital property unless the presumption is overcome with the required evidence.
This difference matters a lot when a spouse says the money spent on a boyfriend or girlfriend came from separate funds. For example, if someone inherited money and kept it separate, that’s different from spending money from a joint account or using wages earned during the marriage. I always check where the money came from instead of assuming an account belongs to one spouse just because only their name is on it.
The Marriage Must Have Been Undergoing An Irretrievable Breakdown
One of the most debated questions in a dissipation case is when the marriage actually started breaking down. Filing for divorce doesn’t always mark the first possible date for dissipation. The breakdown could have started much earlier, depending on the facts and what was happening in the marriage.
Illinois courts see this as a question of fact. In In re Marriage of Hamilton, 2019 IL App (5th) 170295, the court confirmed that dissipation means using marital assets for one spouse’s benefit for reasons unrelated to the marriage while the marriage is breaking down. The court also said that whether something counts as dissipation depends on the specific facts of the case. Signs like separation, talking about divorce, sleeping in separate bedrooms, major relationship problems, or starting a new romantic relationship can help decide the right date.
Financial Records Can Become Critical Evidence
A suspicion that a spouse spent marital money on someone else is not enough by itself. I generally want to identify actual transactions and connect them to the alleged dissipation. Bank statements, credit card statements, payment applications, travel records, hotel charges, receipts, canceled checks, and electronic transfers can help establish both the amount and purpose of questionable expenditures.
Illinois cases place significant importance on documentation. Once a sufficient initial showing of dissipation has been made, the spouse accused of dissipation may be required to provide clear and specific evidence explaining how the disputed money was spent. In Hamilton, the appellate court explained that after a prima facie showing is established, the burden shifts to the spouse charged with dissipation to account for the expenditures with clear and specific evidence. Vague explanations involving large cash withdrawals or unexplained transfers can therefore create substantial problems.
Illinois Places Deadlines On Dissipation Claims
Dissipation claims are subject to specific procedural requirements under 750 ILCS 5/503(d)(2). A notice of intent to claim dissipation generally must be given no later than 60 days before trial or 30 days after discovery closes, whichever is later. The notice must identify the period during which the marriage began undergoing an irretrievable breakdown, the property allegedly dissipated, and when the dissipation occurred.
Illinois law also sets limits on how far back a dissipation claim can go. The law says dissipation can’t be found to have happened more than three years before the spouse making the claim knew or should have known about it, and never more than five years before the divorce petition was filed. Because of these deadlines, it’s important to look into suspicious spending early instead of waiting until just before trial.
What Can Happen If The Court Finds Dissipation?
A finding of dissipation can influence the court’s division of marital property. Under 750 ILCS 5/503(d), Illinois courts divide marital property in just proportions after considering the statutory factors, including dissipation. Illinois is not a state where marital assets must automatically be divided exactly 50-50.
If one spouse wrongly spent marital money on a new romantic partner, the court can consider that loss when dividing the rest of the property. For example, if a lot of marital money went to vacations, gifts, or living expenses for a new partner, the court might give more property to the other spouse. The outcome depends on the evidence, the value of the marital estate, the amount spent, and other factors that affect property division.
Frequently Asked Questions About Dissipation And New Relationships In Illinois
Can Vacations With A New Boyfriend Or Girlfriend Be Dissipation?
They can be. If marital money paid for airfare, hotels, meals, rental cars, entertainment, or other vacation costs with a new romantic partner after the marriage started breaking down, I would look at those expenses carefully. Illinois case law has looked at travel expenses with a boyfriend in dissipation cases. Whether the court finds dissipation depends on the evidence and the details of the spending.
What If My Spouse Says The Money Came From A Separate Account?
Just because an account has one spouse’s name on it doesn’t mean the money is non-marital. Under 750 ILCS 5/503, assets gained during the marriage are usually considered marital unless there’s a legal exception and that exception is proven. I would track deposits and withdrawals to see where the money came from. Money earned during the marriage can be marital property even if it’s put into an account with only one spouse’s name.
How Can I Prove My Spouse Spent Marital Money On Someone Else?
Financial records are often necessary. I look at things like bank statements, credit cards, Venmo or other payment apps, wire transfers, hotel bills, airline tickets, restaurant charges, cash withdrawals, and similar transactions. In divorce cases, discovery can help get financial records that aren’t shared willingly. The aim is to find specific spending, not just make guesses or accusations.
Does Having An Affair Automatically Mean There Was Dissipation?
No. In Illinois, dividing property is not meant to punish someone for marital misconduct. The main question is whether marital money was used for things unrelated to the marriage during the time it was breaking down. An affair without much spending is very different from a relationship where large amounts were spent on gifts, trips, housing, or support.
Discuss A Possible Dissipation Claim With The Law Office Of Fedor Kozlov
If you believe your spouse has been spending marital money on a boyfriend or girlfriend, the financial consequences can extend well beyond the relationship itself. Bank records, credit card statements, electronic payments, travel expenses, and other transactions may help determine whether marital assets were diverted and whether a dissipation claim should be raised during your Illinois divorce. Because Illinois imposes specific notice requirements and time limits on these claims, addressing suspicious spending early can be important.
The Law Office of Fedor Kozlov represents clients dealing with divorce, marital property disputes, dissipation claims, and other family-law matters in Schaumburg and throughout Chicago, Illinois. I can review the financial history of the marriage, identify transactions that may require further investigation, and explain how a dissipation claim could affect the division of marital property. Contact our Schaumburg divorce law attorney at the Law Office of Fedor Kozlov by calling (847) 241-1299 to schedule your consultation.
