What Can I Do if My Spouse Destroyed Property During Our Divorce?

 Posted on April 16, 2026 in Hidden Assets

Divorce can make some people act in irrational or even malicious ways. One example of this is when a spouse purposely destroys the other spouse's property. A resentful spouse may set fire to the other's belongings, throw out important documents, or sell valuables for cash. If your spouse has destroyed your property or wasted assets during or immediately before your divorce, you need to take steps to protect yourself and your property, starting by educating yourself about your legal options moving forward. 

At The Stogsdill Law Firm, P.C., our Wheaton, IL property division lawyers can help you file a dissipation claim to potentially recover lost wealth. We have over a century of combined experience, and we are well-equipped to investigate financial matters in your divorce.

What Is a Financial Restraining Order in Illinois?

If your spouse is intent on seeking vengeance through selling your property, destroying your assets, or emptying joint bank accounts, you need to take immediate action to protect your finances. Illinois law allows courts to issue temporary restraining orders to protect property during a divorce (750 ILCS 5/501).

This is a court order that prevents both you and your spouse from making unusual financial transactions or significant purchases. A financial restraining order freezes joint accounts and protects marital assets. The order also prevents the spouses from spending, transferring, selling, or hiding funds or property.

What Happens if a Spouse Violates a Financial Restraining Order During a 2026 Illinois Divorce?

Destroying assets does not always mean literally wrecking property. It can also involve running up debt for no good reason, "losing" valuable items, or transferring money to friends or relatives. A spouse might also cash out investments, empty retirement funds, or spend large sums on someone else while the divorce is going on.

If your spouse violates a financial restraining order, a judge may order your spouse to explain what happened to the missing asset. The court may also require bank records, receipts, credit card statements, business records, or other financial documents. If the judge finds that your spouse knowingly broke the order, there can be consequences.

Consequences for Violating a Financial Restraining Order

The consequences may include sanctions, repayment, or an unequal division of property to make up for the loss. In some cases, the court may award one spouse a larger share of the remaining marital estate. It may also consider the misconduct when deciding other financial issues in the divorce. 

A spouse who disobeys a court order may also face contempt proceedings. In plain terms, contempt means the court believes someone willfully failed to obey an order the person knew about. If the judge finds contempt, the court can impose penalties until he or she complies. 

Does a Dissipation Claim Allow You To Recover the Value of Wasted Assets in Illinois?

A successful dissipation claim may lead to a larger award from the marital estate to make up for wasted or destroyed assets. If your spouse has already misused, wasted, or destroyed assets, you may still be able to reclaim the value of these assets. Per Illinois law, "dissipation of assets" occurs when a spouse wastes assets during the end of the marriage. More specifically, dissipation involves using assets in a way that only benefits one spouse. This must occur while the marriage is going through an "irretrievable breakdown."

How Long Do You Have To File a Dissipation Claim in Illinois?

Illinois has rules about when a dissipation claim must be raised. You cannot wait until the case is almost over and then bring it up at the last minute. In general, a notice of intent to claim dissipation must be filed no later than 60 days before trial or 30 days after discovery closes, whichever is later. Missing that deadline can seriously hurt your ability to pursue the claim.

There are also limits on when you can claim dissipation occurred. A dissipation claim cannot reach back more than five years before the divorce petition was filed. Moreover, it cannot reach back more than three years before the claiming spouse knew or should have known about the dissipation. Even if your spouse wasted money long ago, the court may not consider losses that happened too far before the filing date.

How Do You Prove That Dissipation Occurred in Your Divorce?

A dissipation claim requires solid evidence. Suspicion alone is not enough. Proving a claim often starts with documents. Bank statements can show unusual withdrawals. Phone records, emails, text messages, and social media posts can also help show where the money went and why.

Witness statements can help as well. A friend, relative, accountant, business partner, or even a private investigator may have seen spending habits, transfers, or conduct that supports the claim. For example, a witness might confirm that your spouse moved money into another account or sold property under suspicious circumstances.

The burden of proof is also important. In Illinois, once a dissipation claim is properly raised, the spouse accused of dissipation may have to show where the money went. He or she may also have to prove the spending was for a proper marital purpose.

Courts look at the full picture. Strong records, a clear timeline, and careful legal arguments can help you show that dissipation occurred. They can also help support your request for compensation in the division of assets.

Contact Our Wheaton, IL Family Law Attorneys Today

At The Stogsdill Law Firm, P.C., we are familiar with the tactics that vengeful spouses may use to harm the other spouse financially. Our DuPage County, IL divorce lawyers can help you take the steps needed to protect your finances during your divorce. 

Our team can also help you file a dissipation claim, seek an equitable share of the marital estate, and address other divorce issues like child custody or spousal maintenance. Call 630-462-9500 for a confidential consultation.