Divorcing a Spendthrift Spouse in Illinois

 Posted on October 22, 2026 in Divorce

Repeated overspending can leave a family with drained savings and credit card balances that keep growing. When the marriage ends, sorting out those financial losses becomes part of the divorce.

Illinois courts consider marital debts and certain wasteful spending when dividing property. However, not every purchase you oppose gives you a right to reimbursement. If your spouse’s spending is affecting your divorce in 2026, our Arlington Heights, IL divorce attorneys will help you understand your options.

Does Excessive Spending Affect Property Division in an Illinois Divorce?

Excessive spending can affect property division if it qualifies as wasting marital assets, known as dissipation. Under 750 ILCS 5/503, the judge considers dissipation when deciding each spouse’s share of the property. This could result in a larger share for the spouse whose marital funds were wasted.

The court also needs to determine whether the spending reduced the couple’s assets or changed their form. If your spouse bought an expensive vehicle, that vehicle still has value that belongs in the property division. Money spent on the purchase is not necessarily a total loss.

When Does a Spouse’s Spending Count as Dissipation in Illinois?

Spending qualifies as dissipation when a spouse uses marital property solely for their own benefit, for a purpose unrelated to the marriage, while the marriage is undergoing its breakdown. Dissipation can also occur without personal benefit if the spouse's conduct wastes marital assets. The breakdown does not have to begin on the date someone files for divorce. It could start earlier.

For example, a spouse who uses joint savings to pay for trips with an affair partner after the marriage begins breaking down could be dissipating assets. Paying the mortgage or buying groceries during that same period serves the household and does not meet that standard.

The purpose and timing of the spending must both support the claim. A history of overspending during an otherwise intact marriage is not enough, even if those purchases caused financial strain.

Will You Have to Pay Debts Created by Your Spouse’s Overspending in Illinois?

Debts incurred during the marriage are presumed to be marital unless a legal exception applies. A credit card being in your spouse’s name alone does not automatically make its balance their separate responsibility.

The court reviews when the debt arose and the circumstances surrounding it. You have the right to ask that your spouse be assigned responsibility for particular debts, but the judge considers the overall financial division.

Responsibility to the lender is a separate issue. If you are jointly liable on an account, assigning the balance to your spouse in the divorce does not release you from the credit agreement. The lender still has collection rights against you.

Your settlement should address payment deadlines and what happens if your spouse fails to pay an assigned joint debt. Simply listing the balance under their name leaves practical problems unresolved.

What Records Help Show That Your Spouse Wasted Marital Money in Illinois?

Records should identify the amount spent and explain why the transaction was unrelated to the marriage. Useful documents include:

• Bank statements showing withdrawals or transfers
• Credit card statements identifying purchases and merchants
• Receipts or booking records showing who benefited
• Messages explaining the purpose of a payment
• Account records showing when savings were depleted

A large withdrawal alone does not explain where the money went. Compare it with other records before assuming it was wasted. A transfer between marital accounts, for example, does not establish a loss.

Only use documents you are legally entitled to access. If records are missing, your attorney can request them through the divorce discovery process.

Is There a Deadline to Raise a Dissipation Claim in Illinois?

Illinois requires formal notice of a dissipation claim. The notice must be given no later than 60 days before trial or 30 days after discovery closes, whichever is later.

It must identify the property involved, when the alleged dissipation occurred, and when the marriage began undergoing an irretrievable breakdown. The law also limits how far back a claim reaches, including an outside limit of five years before the divorce petition was filed. You generally cannot pursue a claim for spending you knew or should have known about more than three years before giving notice of the claim.

How Can You Address Continued Spending During an Illinois Divorce?

Under 750 ILCS 5/501, a spouse can request a temporary order restricting transfers or disposal of property. The request should identify the threatened loss and the protection needed.

Give your lawyer recent statements showing the ongoing spending. Explain which accounts your spouse is using and whether the withdrawals leave too little money for household bills.

Also review joint credit accounts. Ask the lender what options exist to prevent new charges, and discuss those options with your lawyer before making changes. Closing an account does not erase its existing balance, and moving marital money into your own account does not make it separate property.

Any restrictions should leave a clear way to pay necessary expenses. Keep records of those payments and report transactions that violate an existing order so your lawyer can seek enforcement.

Contact an Arlington Heights, IL Divorce Lawyer

A divorce involving ongoing overspending requires a clear plan for protecting your finances. At Cosley Law Office, our attorneys will examine the financial records and help you seek a fair resolution.

Attorney Donald J. Cosley personally handles every aspect of his cases. When you call with questions, you speak with him rather than being passed off to a paralegal. Contact our Arlington Heights, IL divorce attorneys or call 847-253-3100 to schedule a free consultation.