What Can I Do If My Spouse Is Blowing Money During Our Divorce?

 Posted on August 27, 2026 in Property Division

In Illinois divorces, property belonging to the divorcing couple will be divided equitably, or fairly, between them. When one spouse is spending excessively leading up to a divorce, they may be spending marital money that would otherwise be divided between both spouses. Consequently, there may be less property left to divide in the divorce.

This type of spending may be considered asset dissipation, and is looked down on by courts. If one spouse proves that the other dissipated marital assets, the court can take that into account when dividing property.

An Addison, IL asset dissipation attorney can explain what counts as dissipation and what you can do about it in 2026.

What Counts as Dissipation of Marital Assets in Illinois?

Dissipation happens when one spouse spends or wastes marital property for a purpose unrelated to the marriage. This can happen after the marriage has already begun to break down. Illinois courts will specifically consider claims of dissipation when dividing marital property between spouses (750 ILCS 5/503).

Common examples of dissipation include:

• Gambling

• Spending on an affair or a new relationship

• Giving away marital funds

• Excessive spending on personal items unrelated to the family (e.g., luxury vehicles)

• Destroying marital property or selling it below its value

Ordinary spending is not considered dissipation. Buying groceries, paying utilities, or paying the mortgage are all normal, acceptable expenses. The spending must be unrelated to normal family needs. Courts will also look at whether it happened after the marriage began to break down..

How Do You Prove Your Spouse Dissipated Marital Property in Illinois?

You'll typically need to offer proof that the spending happened. Bank records, credit card statements, and other financial documents can help confirm unusual purchases. If you present enough evidence to support a dissipation claim, your spouse will then need to explain where the money went and why.

Illinois law has strict timing rules around claims of dissipation. Under 750 ILCS 5/503, you must give notice of intent to claim dissipation no later than 60 days before trial or 30 days after discovery closes, whichever is later. The law also limits how far back a claim can go. Dissipation will generally not be recognized more than 3 years after you knew or should have known about it. Claims also cannot go back more than 5 years before you filed for divorce.

A divorce lawyer can help you file the paperwork and make sure you remain within the required notice and meet these deadlines.

What Can an Illinois Court Do About Dissipated Marital Assets?

If a judge finds that dissipation occurred, the court can count the wasted amount against the spouse who spent it. The other spouse can then receive a larger share of the remaining marital property.

Before filing a claim of dissipation, consider whether the missing amount is worth your while. Small or hard-to-trace amounts might not be worth the cost of litigating. Additional professionals could also need to be brought on board to trace where the assets went, increasing costs.

What If I Don't Know Exactly Where My Spouse Spent Our Money?

You don't need a complete paper trail before claiming dissipation. Partial records such as a sudden drop in a joint account balance or an unexplained pattern of cash withdrawals can be enough to start.

Your attorney may request additional financial disclosures from your spouse during the case. A forensic accountant can sometimes reconstruct spending that isn't obvious from the records you have access to. Illinois courts generally understand that spouses don't always have equal access to financial information during a divorce.

Call a Lombard, IL Divorce Attorney Today

If you suspect your spouse is dissipating marital assets, the sooner you address it, the better. An experienced lawyer can help you understand if you have a legitimate case of dissipation on your hands.

The Law Offices of Robert F. Kramer, Ltd. offers over 40 years of combined experience, including substantial trial and appellate work. Our Addison, IL asset dissipation lawyers will make sure you are supported and informed through the entirety of your divorce case. We will do our best to find out if your spouse has been wasting marital assets and help you ask the court to account for that spending when dividing property.

Call 630-785-2400 today to schedule your free 30-minute initial consultation.