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How Can I Get Back Money My Spouse Spent on an Affair in Kane County?

Filing a Claim of Dissipation in Illinois

While the divorce process in Illinois does not take infidelity into account, you may be entitled to recover a portion of the money your spouse may have spent on an affair. To do so, you will need to show that the money was spent for a purpose unrelated to the marriage after the marriage had broken down.

When you and your spouse are headed for a divorce, it is important to be careful about how you spend your money. This is because, in most cases, the money spent will be considered marital funds in your divorce. According to Illinois law, marital property is to be divided equitably between the spouses, based on consideration of a number of circumstantial factors provided in the statute.

If your spouse has been spending money on an affair, or for any other purpose that is unrelated to the marriage, you have the right to file a dissipation claim. A dissipation claim is a formal filing that seeks to hold a party accountable for financial transactions that could unduly affect the allocation of marital property.

Proving Your Dissipation Claim

At Goostree Law Group, we are equipped to help you with your dissipation claim. Our attorneys will assist you in showing:

  • Your spouse inappropriately spent or devalued marital assets;
  • The spending occurred after the marriage had begun an irretrievable breakdown; and
  • The specific assets that your spouse dissipated.

While you may not be entitled to a full recovery of the money spent, your spouse may be ordered to reimburse the marital estate before it is divided.

Call for a Free Consultation

If your spouse has been spending money on an extramarital affair and you are considering a divorce, contact our office. Call 630-584-4800 for a free consultation at Goostree Law Group. With offices in St. Charles and Wheaton IL, we are proud to serve clients in and around Kane County and DuPage County.

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