Can I Recover Money My Spouse Spent on an Affair?

 Posted on November 12, 2025 in Property Division

If you are going through a divorce, your finances are an integral part of the process. The court will identify marital assets and divide them based on Illinois’s equitable distribution laws. Should your spouse spend shared assets on an extramarital affair, you may be able to recover funds through an asset dissipation claim. A Lockport, IL divorce lawyer can help you evaluate the situation and advise you on what steps you may want to take based on your finances and the timeline of the marriage.

What Is Considered Asset Dissipation in Illinois?

Illinois treats marriage as a shared financial partnership. Most income earned and property acquired during a marriage is considered marital property. When spouses divorce, this property must be divided fairly under 750 ILCS 5/503.

Asset dissipation occurs when one spouse uses marital funds for a purpose unrelated to the marriage, particularly when the relationship is already weakening. Spending money on an affair is a common example.

If you are worried that your spouse may continue to misuse marital funds before your divorce is settled, you can request temporary financial protections under 750 ILCS 5/501. This allows the court to put temporary orders in place to protect your shared property and prevent further financial loss while the case moves forward.

Examples of Spending Related to an Affair

You may not notice the misuse immediately, especially if your spouse handled the finances. However, there are certain types of spending that can suggest that marital funds supported an affair, including when money is used for:

• Hotel rooms or travel expenses

• Gifts like clothing, jewelry, or flowers

• Restaurant and entertainment charges

• Cash withdrawals or secret credit card charges

• Payments of rent, bills, or personal expenses for someone outside the marriage

Since these expenses did not benefit the marriage, they likely qualify as dissipation.

How Do You Prove Dissipation in an Illinois Divorce?

Proving dissipation requires showing both the spending itself and the timing of that spending. You need to show that the expenses occurred after the marriage began to break down. Courts look closely at when communication, trust, or shared activities stopped or changed in a significant way.

To bring a dissipation claim, you must file a formal notice with the court. The notice has to describe the time period when you believe dissipation occurred and the transactions that appear to fall into this category. Financial documents will be your strongest evidence. Bank records, credit card statements, receipts, and messages may help illustrate the spending. If the spending was hidden or if your spouse manages complex finances, your attorney may suggest working with a forensic accountant to trace the funds more clearly.

Dissipation claims need to be made within certain deadlines. If the claim is not made on time, the court may not consider it. Speak with an attorney early to ensure that you do not miss important opportunities.

How Do Illinois Courts Decide if Money Will Be Repaid?

The court does not usually require a spouse to physically repay the money spent. Instead, the amount of dissipated funds is often added back into the total marital estate on paper. The spouse who spent the funds may then receive a smaller share of the remaining assets.

For example, if marital funds were used to pay for travel connected to an affair, the value of that spending may be accounted for by awarding the other spouse more property. The goal is to restore balance and make the final decree fair.

Schedule a Free 30-Minute Consult With a Lombard, IL Divorce Attorney

If you believe marital funds were used to support an affair, contact The Law Offices of Robert F. Kramer, Ltd. right away. A Lockport, IL divorce lawyer can explain how dissipation applies to your situation and help you take steps to protect your financial future.

Attorney Robert F. Kramer has over 40 years of experience and a strong trial and appellate background. His supportive approach involves walking with you through each step, so that you understand your rights and obligations. Call 630-785-2400 today to schedule a free 30-minute consult with an attorney who believes in fighting for a fair divorce settlement.