Illinois has abandoned the ability of a spouse to file a lawsuit against a significant other for cheating with their husband or wife. However, you can still bring what's called a Dissipation Claim against your spouse.
Dissipation is a legal claim that one spouse can make against the other during a divorce alleging that your spouse wasted marital income or assets and he or she needs to pay you back for spending money on things unrelated to the marriage.
For example, if your spouse regularly had been dating a new person, and paid for that dating activity with his or her income or marital funds, then you may have a claim for dissipation. These questionable expenditures may include costs of romantic evenings, hotel costs, meals, travel and gifts. If you prove your husband used funds, you are entitled to see full reimbursement to the marriage for the expenditures.
You may have other claims for dissipation as well, like gambling or drug use. If during your divorce process, you find massive amounts of ATM withdrawals that appear to be money that was socked away to hide from the divorce, that too would give rise to a dissipation claim.
If you feel that you have or may have a dissipation claim, call Mr. Nordini today for your free consultation about how to best handle your claim.