Understanding Illinois’ Laws Against Dissipation

 Posted on August 08, 2025 in Asset Division

When your marriage begins to break down, you and your spouse may become distant from each other. During this period of estrangement, you should be careful to protect yourself against dissipation. If you believe that your spouse has committed dissipation by misappropriating marital funds, consider working with a Kane County, IL family law attorney.

If you have lost marital assets due to dissipation, you may be able to receive compensation for the among lost in your divorce. At Weiler & Associates, Inc., we can help you identify dissipation in your divorce and take legal action to recover lost assets. 

What Counts as Marital Dissipation in Illinois?

Dissipation can take many forms, such as:

• Spending money on a partner in an affair, often through expensive dates and gifts

• Giving assets to a friend or family member to conceal them during the process of property division in a divorce

• Destroying marital property out of spite

• Gambling with marital funds 

• Keeping a secret bank account during the marriage

The common thread between all of these acts of dissipation is the misuse of marital funds. Our attorneys can review your situation to see if you have a case for a dissipation claim.

When Does Marital Dissipation Occur?

The timeline for dissipation claims can be complicated. In Illinois, dissipation can only occur after the marriage has begun to go through "an irretrievable breakdown." As you can imagine, this exact point in time can be somewhat vague. When filing a dissipation claim, you will have to think carefully about when your marriage started to decline. For many couples, this breakdown starts when they stop being physically or emotionally intimate.

Keep in mind that you only have a limited window to bring forward a dissipation claim. If three years have already passed since you knew or should have known about the alleged act of dissipation, a claim will not be considered by the court. Dissipation claims will also not be considered if the dissipation took place more than five years before your divorce filing.

How Can I Prove That My Spouse Committed Dissipation?

If you can prove that your spouse committed dissipation, you could be reimbursed for your damages in the property division settlement. However, keep in mind that the burden is on you to show when, where, and how the dissipation occurred. You may have to provide receipts, financial statements, or witness testimony to show that your spouse misused marital assets. 

At Weiler & Associates, Inc., we have experience uncovering hidden assets in Illinois divorces. If necessary, we can bring in a professional forensic accountant who can help you identify wasted or concealed assets. 

Contact a St. Charles, IL Asset Distribution Lawyer

Protecting our clients against dissipation requires a strong knowledge of Illinois law. Attorney Tim Weiler, a Partner at our firm, is a Certified Financial Litigator and has extensive experience handling complex financial issues in the context of divorce. 

At Weiler & Associates, Inc., we can support you in a dissipation claim during your divorce to protect your best interests. We have 20 years of experience representing families through divorce and other family law issues, and our clients consistently say they appreciate our strong commitment to communicating clearly and responding promptly. To schedule an initial consultation with one of our Kane County, IL divorce attorneys, call our offices at 630-331-9110.