How Can I Prove My Spouse Dissipated Assets in Our Illinois Divorce?

 Posted on November 16, 2021 in Dissipation

Although getting divorced is never an easy experience, the divorce process can seem impossibly complex for individuals who deal with reckless or wasteful spending by their spouses. In addition to the often shocking breach of trust caused by dissipative behaviors, the stress of trying to recover dissipated assets is a tremendous burden - to say nothing of the financial burden imposed by such spending.

Although proving a charge of dissipation can be challenging, it is not impossible. In this blog post, we will give an overview of what dissipation of assets is and how it can be proven. A qualified Illinois divorce attorney can help you file a dissipation claim during your divorce.

What is Dissipation of Assets?

Before you can prove that dissipation occurred, it is important to know exactly what dissipation is. Dissipation of assets, as defined by Illinois law, is the use of marital property (which is generally any assets acquired after the marriage began, including cash and real estate) for a purpose unrelated to the marriage for the sole benefit of one spouse. The wasteful spending must have occurred when the marriage was experiencing an irretrievable break down, Determining what constitutes an irretrievable breakdown can be tricky.

Proving A Spouse Dissipated Assets

Behaviors that may constitute dissipation include spending money on a vacation with a new lover, intentionally destroying property, or buying an expensive car despite a spouse’s protests.

If a spouse does decide to file a dissipation claim, he or she must do so at least 60 days before a divorce trial begins or 30 days after the discovery period ends, whichever is later. Spouses claiming dissipation must provide specific dates about when the marriage began to break down, and evidence proving that property was dissipated and when such dissipation occurred. At most, spouses can claim dissipation going back 5 years if they did not know about the behavior. The spouse who dissipated assets may be required to give up assets of significant value to make up for the lost property or funds.

Get Help From an Oswego, IL Dissipation Lawyer

The frustration of trying to recover your spouse’s dissipation of marital assets can be overwhelming. At the The Law Office of Matthew M. Williams, P.C., we understand how important it is to seek compensation for the irresponsible behaviors of a spouse, and our skilled and compassionate Kendall County, IL divorce attorney will work hard to help you prove your dissipation case. Schedule a confidential consultation today and find out what we can do for you. Call our offices at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000