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. 

A couple can disagree about many issues during a divorce, but it is no surprise that financial matters are one of them. The decisions that you and your soon-to-be ex-spouse make during your divorce are extremely important because they are decisions that will end up affecting you for quite a long time afterward. When it comes to finances, the decisions that are made could quite possibly affect you for the rest of your life, which is why you want to be sure to protect your assets at all costs. One such way to do this is through the use of a temporary financial restraining order, which can protect your assets from being misused or wasted by your spouse.

What Is a Temporary Financial Restraining Order?

When most people hear the words “restraining order,” they think of an order protecting a person from physical violence. However, a financial restraining order functions along those same lines by protecting your marital assets from being transferred, misused, borrowed against, destroyed, or spent by your spouse during your divorce. Temporary financial restraining orders are a common tool utilized by spouses going through contentious high-asset divorces, but any couple could benefit from the order.

Despite the inherent difficulties, most couples headed for a divorce are able to maintain a reasonable level of civility and personal responsibility. In some cases, on the other hand, the divorcing parties may be prone to making decisions that can negatively impact the proceedings. From a financial perspective, this may include wasting or dissipating marital or personal assets, either out of spite or due to an attitude of apathy regarding the situation. Sadly, however, the emotional nature of divorce may also lead to accusations that are unfounded, so if your spouse has filed a groundless claim for dissipation, you will need to know how to protect yourself.

What is Dissipation?

Dissipation, according to the law, is the wasting or inappropriate spending of an asset during of subsequent to the irretrievable breakdown of a marriage. The problem with dissipating assets is that doing so can directly impact many of the financial considerations of the divorce process. Spousal maintenance, property distribution, and child support are all dependent upon the assets, resources, and income of the interested parties. Wasted assets are, if not addressed and repaid, may not be taken into account as required, potentially skewing the outcome.