You may expect disagreements over property in a contested divorce. It can be frustrating to learn that your spouse used marital property for personal reasons. The timing matters if the spending happened after the marriage had already begun to fail.
Illinois law calls this dissipation. In simple terms, dissipation means using marital property for a purpose that does not benefit the marriage during its breakdown. You can raise a dissipation claim if you believe your spouse spent or transferred property for their own benefit during that period. If the court agrees, it may consider that spending when dividing property between you.
Spending that may count as dissipation
Dissipation focuses on how your spouse used marital property after the marriage began to break down. For example, your spouse may have used marital funds to pay for a personal trip or moved funds from a joint account into a personal one. These may count as dissipation if it did not serve the marriage.
Still, not every bad financial choice qualifies. Your spouse may spend marital funds in a way you disagree with but still use them for the household or another marital purpose. Courts look at why the property was used and who benefited from it.
Time limits for raising the claim
Illinois sets specific notice rules for dissipation claims. You must give notice no later than 60 days before trial or 30 days after discovery closes, whichever comes later. Discovery is the stage when both sides request and exchange case information.
Your notice must identify the property and state when the alleged dissipation occurred. It must also give the date when the marriage began its irretrievable breakdown. You must serve the notice and file a certificate of service with the court clerk.
You cannot claim dissipation if more than three years have passed since you knew or reasonably should have known about it. The claim also cannot cover conduct that happened more than five years before either spouse filed for divorce.
Keeping useful financial records
You may want to keep account statements and records tied to disputed transfers or purchases. Consider noting when each transaction occurred and when you first learned about it. Organizing those records may help you explain the disputed spending and get ready for the next stage of your case.