Dissipation Claims in Illinois Divorce Cases
In determining how to divide property in Illinois divorce cases, judges are directed by 750 ILCS 5/503(d), which sets forth a number of factors that affect how marital property may be distributed. The second of these factors that the Court may consider is the dissipation of marital assets by either party. “Dissipation” has been defined by Illinois appellate courts as the use of 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 irreconcilable breakdown. One common form of dissipation is spending marital assets on a new girlfriend or boyfriend while still married. In the past, dissipation claims in Illinois were often used as a form of leverage to gain a more favorable settlement agreement. As a divorce case came to trial many divorce attorneys would present various claims of dissipation as a method of increasing their claims to the marital estate. This form of litigation had the eff...