Although getting divorced is never an easy experience, the divorce process can seem impossibly complex for individuals who deal with reckless or wasteful spending by their spouses. In addition to the often shocking breach of trust caused by dissipative behaviors, the stress of trying to recover dissipated assets is a tremendous burden - to say nothing of the financial burden imposed by such spending.
Although proving a charge of dissipation can be challenging, it is not impossible. In this blog post, we will give an overview of what dissipation of assets is and how it can be proven. A qualified Illinois divorce attorney can help you file a dissipation claim during your divorce.
What is Dissipation of Assets?
Before you can prove that dissipation occurred, it is important to know exactly what dissipation is. Dissipation of assets, as defined by Illinois law, is the use of marital property (which is generally any assets acquired after the marriage began, including cash and real estate) for a purpose unrelated to the marriage for the sole benefit of one spouse. The wasteful spending must have occurred when the marriage was experiencing an irretrievable break down, Determining what constitutes an irretrievable breakdown can be tricky.
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