Does Adultery Affect Property Division in a Divorce?

 Posted on August 12, 2024 in Property Division

One of the complex parts of the divorce process is property division, where marital property is divided between the parties. Marital property includes any assets that came into the possession of either spouse during the marriage, with some exceptions. In a divorce, both parties are entitled to a share of these marital assets. They can either divide them between themselves or a court can do it for them.

When a court distributes marital property, it will do so based on what the judge thinks is fair. This leaves many people to question what might affect their share of the assets. For example, what if one party caused the divorce? Will the other spouse receive a greater share of marital property? If one party ends the marriage by cheating, for example, does he or she forfeit his or her share of the assets?

As we explore the answers to these questions, keep in mind that an experienced Illinois property division attorney is the best legal resource.

No-Fault Divorce

Illinois is a no-fault divorce state. This means the law does not consider either spouse to have "caused" the dissolution of the marriage. Regardless of why the marriage ended — whether because of adultery, abuse, or addiction — Illinois courts will not blame either party for the divorce. The only valid grounds for divorce is that the spouses have "irreconcilable differences."

The legal consequence of this no-fault law is that a court will not use marital misconduct as justification for its decisions in the divorce case. For example, a judge will not award one spouse more child custody or additional marital property just because the other one committed adultery.

However, there are still cases in which adultery can affect property division.

How Can Adultery Affect Property Division?

Illinois law instructs courts to divide marital property based on what is "just" and not to take marital misconduct into account. Judges, therefore, look at many factors when deciding how to distribute the assets. These include:

• Each spouse’s income
• Each spouse’s financial needs
• Which spouse has child custody
• Which spouse is paying child support
• Which spouse is paying alimony
• How each spouse contributed to the marriage
• Any wastage of assets by either spouse
• Any other factor the judge deems relevant

So, while adultery itself may not affect the court’s decision, the judge’s ruling may be affected if any marital assets were impacted by an extramarital affair. For example, if one party spent joint funds on gifts for an illicit lover, the judge may award a greater share of the marital property to the other spouse as compensation.

Contact a Rolling Meadows, IL Property Division Attorney

The fact that Illinois law leaves property division up to the courts means there is no guaranteed formula for winning a favorable ruling. The best strategy is to hire a Skokie, IL property division lawyer to help the case swing your way. At Ann O’Connell Law, Ltd., we are highly experienced in property division matters, and our hands-on approach is extremely effective. Schedule a free consultation with a skilled and supportive attorney by calling 847-859-6222 today.