Infidelity is a visceral betrayal that can shatter the foundation of any marriage. If cheating is the (or one) reason a marriage ends, it is natural for the wronged spouse to want some sort of justice through the legal system.
You might feel justified in demanding a bigger share of the marital estate, financial compensation or more time with your kids. In Illinois, however, the extent to which infidelity affects your divorce settlement can be less than you might expect.
The Illinois no-fault standard
Illinois is a pure no-fault divorce state. This means the Illinois Marriage and Dissolution of Marriage Act only recognizes irreconcilable differences as grounds for divorce. Judges generally do not consider marital misconduct when they grant a divorce, divide property or decide on maintenance payments.
Even if one spouse was entirely to blame for the breakup, fault generally doesn’t change the property division analysis. A prenuptial agreement can change this, as a valid prenup may outline specific property distributions if infidelity occurs.
The Missouri difference
The rules regarding infidelity and divorce vary widely between states. For instance, in Missouri, courts may consider marital conduct as a factor, which can affect financial outcomes in some cases. Further, Missouri judges have more discretion to weigh behavior financially, while Illinois courts focus primarily on financial contributions rather than fault.
Where infidelity matters in Illinois divorces
One indirect way a spouse’s cheating can impact the final numbers in an Illinois court is through dissipation of assets. This occurs when a spouse uses marital funds for a non-marital purpose while it is breaking down. These might include:
- Paying for hotel rooms for a lover
- Buying expensive gifts for someone outside the marriage
- Using joint bank accounts to fund a secret lifestyle
If a spouse proves these expenses happened, the court may require the other party to pay that money back. This is a financial calculation meant to make the marital estate whole.
It is also possible that a parent’s infidelity could affect parenting time and decision-making rights if their behaviors were reckless or jeopardized a child’s well-being.
Focusing on the future
The end of any marriage can be fraught with stress and emotions, and infidelity only makes things more painful. To ensure you get a fair settlement without letting a betrayal cloud your judgment, you can work with an attorney to pursue the fair outcome you deserve.
