Can Marital Misconduct Affect My Divorce in Illinois?

 Posted on January 22, 2026 in Divorce

With a few exceptions, divorce courts in Illinois generally do not factor in misconduct when deciding how assets should be divided or making decisions about alimony. A St. Charles, IL divorce attorney can help you understand how your specific divorce might be affected.

Marital misconduct can be a touchy subject to broach in your divorce. At Goostree Law Group, we are experienced at handling high-stress divorces between spouses. Our careful, client-focused approach has helped us garner a reputation for effective counsel, as we have received over 100 5-star reviews for our successes in and outside of the courtroom.

What is Marital Misconduct?

Marital misconduct is behavior that endangers or undermines the marriage. It means that a spouse behaves in a way that contrasts with how a person is expected to act in a marriage. Common forms of marital misconduct include:

• Adultery

• Abuse or cruelty

• Financial mismanagement, such as spending marital funds on a gambling addiction or hiding marital assets

• Abandonment

While some of these behaviors — such as domestic abuse or hiding assets — are illegal, an Illinois court will not grant one spouse more alimony or assets solely because the other spouse is guilty of abuse. 

Illinois is a no-fault divorce state, which means that spouses who want to get divorced do not need to show that someone is to blame for the divorce. A court only needs to know that there are "irreconcilable differences" making it impossible for the marriage to survive. There are cases, however, in which certain forms of marital misconduct can affect a court’s ruling.

Divorcing a Spouse Who Abandoned You

Abandonment can feel like the ultimate betrayal. One spouse leaves, stops coming home, and stops helping with the bills or the children. In everyday terms, many people call that marital misconduct. In Illinois, though, abandonment by itself usually does not change how the court divides property or awards support. However, your spouse’s response (or lack of response) to a divorce can impact how it plays out.

Even so, you can still move forward with a divorce if your spouse is gone. You still have to try to serve your spouse with divorce papers. That means you must make a real effort to find him or her and deliver the summons and petition the right way. Often, that starts with service at the last known address, work address, or through family members who might know where your spouse is living. If traditional methods don’t work, you may be able to ask the court for other options. In some cases, you can use publication service, which means publishing a notice in a newspaper approved by the court.

If your spouse doesn’t respond after proper service, you may be able to pursue a default divorce. This means the court can move forward without your spouse taking part. You still need to show that service was completed and that you meet the legal requirements to dissolve the marriage. You may also need to present evidence about property, debts, and parenting issues. A default does not mean you automatically get everything you ask for, as the judge still has to approve the final terms.

How Domestic Violence Affects Custody Rulings in 2026

When deciding how to divide custody rights in Illinois, the court prioritizes the child’s best interests above all else (750 ILCS 5/602.7). If abuse or domestic violence is proven to have occurred, it can affect how parenting time is allocated. It can also affect who makes important decisions for the child. The judge may limit a parent’s parenting time if it could put the child at risk.

In more serious cases, the court may order supervised visits. In these arrangements, the parent can only see the child when another adult is present. The court may also add safety rules, like no overnight visits or no contact outside scheduled times. The goal is not to punish a parent, but to protect the child and provide a stable, safe routine.

Financial Misuse Can Affect Property Division and Spousal Support

Abuse doesn’t always take the form of overt cruelty. Sometimes, it involves a violation of trust involving joint funds. A recent survey estimates that two in five U.S. adults in committed relationships have committed "financial infidelity" against their partners in some way. If you aren’t careful about your finances while your marriage is breaking down, you could lose a fair amount of money to waste or misuse.

By default, Illinois law entitles each spouse to a fair and equitable share of marital property. However, if a court finds that one spouse has committed marital misconduct using the couple’s joint funds or marital assets, it can affect the court’s decision regarding how to divide the property between the spouses. 

For example, a court may determine that one spouse has:

• Spent joint funds on a gambling or drug addiction

• Hidden assets from the other spouse that he or she is entitled to

• Lied about his or her employment status or income to avoid financial obligations

• Drawn the couple into debts that could have been avoided

• Stolen money or property from the other spouse

The misuse of marital funds for one spouse’s sole benefit while a marriage is going through an irretrievable breakdown is called dissipation. In proven cases of dissipation, the judge may compensate the wronged spouse with more assets from the marital estate. The reason for this is not to penalize the offending spouse but to make sure the other spouse receives what he or she is rightfully entitled to.

How Can You Prove Dissipation Took Place?

A claim of dissipation should be supported with hard evidence. Start by gathering financial records. Bank statements, credit card bills, loan documents, and account histories can show where the money went. Look for unusual withdrawals, new accounts, large transfers, or repeated charges that do not match normal family spending. Text messages, emails, receipts, and photos can also help connect the spending to a non-marital purpose.

Timing matters, too. Dissipation claims usually focus on spending that happened after the marriage started to fall apart. If you can show the spending happened during that period, the court may treat it differently in property division. A divorce attorney can help you gather evidence, request documents, and present a clear timeline to the judge.

Contact a Kane County, IL Divorce Lawyer

Although one spouse’s bad behavior usually isn’t considered during Illinois divorces, there are cases where specific misconduct can become relevant. At Goostree Law Group, our St. Charles, IL family law attorneys can review your case and help protect your interests when allegations of misconduct are involved. Schedule a free consultation by calling 630-584-4800 today.