What is Asset Dissipation in Illinois Divorce Cases?

 Posted on April 08, 2026 in Divorce

Asset dissipation refers to the intentional spending or waste of marital assets by one spouse while the marriage is breaking down. Recognizing and addressing asset dissipation can play an important role in ensuring a fair division of property.

At The Stogsdill Law Firm, P.C., we understand that many people approaching a divorce are seriously concerned about how the process may affect their finances. These fears can be dramatically worsened when asset dissipation is taking place. Our experienced DuPage County, IL divorce lawyers have over 100 years of combined experience. We can help you identify asset dissipation and take legal action to protect your marital estate.

What Are the Requirements for Asset Dissipation Claims in Illinois?

Illinois law provides a framework for addressing asset dissipation. If you want to bring forward a dissipation claim, start by making the dissipation claim. It must show by clear and specific evidence that marital assets were wasted or misused. When evidence is brought forward, the spouse who is accused of dissipating assets must prove that whatever funds he or she spent were, in fact, for marital purposes.

The dissipation must have occurred during the irretrievable breakdown of the marriage. Additionally, only marital assets are subject to dissipation claims. This generally includes property acquired during the marriage.

Common Examples of Asset Dissipation in 2026

Asset dissipation can happen in many different ways. One common example is when a spouse tries to get rid of marital property before the divorce begins. For instance, a spouse might sell a car that belongs to both parties for far less than it is worth. They may sell it to a friend or relative, keep the money, and never tell the other spouse that the sale happened. That kind of conduct can raise serious concerns in a divorce case.

Dissipation can also involve wasting money on a new relationship. A spouse might take a large amount of money from a joint bank account and use it to pay for trips, hotel stays, gifts, dinners, or other expenses for a boyfriend or girlfriend. When marital funds are used for something that does not benefit the marriage, especially after the relationship is already breaking down, a court may view that spending as improper.

In some cases, dissipation involves reckless personal spending. A spouse may begin spending large amounts of money on alcohol or drugs while the marriage is falling apart. If that spending becomes excessive and uses money that should have gone toward the household or the family’s shared financial future, it may be treated as dissipation. The key issue is often whether the money was spent for a marital purpose or whether it was wasted for reasons that only benefited one spouse.

How Can You Protect Your Interests When Your Spouse Is Dissipating Assets in Illinois?

If you suspect asset dissipation in your divorce case, there are several steps you can take to protect your financial interests.

Keep Detailed Financial Records

If you think your spouse is hiding, wasting, or improperly spending marital assets, start gathering records right away. Save bank statements, credit card statements, tax returns, retirement account records, loan documents, and receipts if you can access them legally. It is also helpful to keep copies of account balances from different points in time. This can show whether money suddenly disappeared or property was sold without a good reason.

You should also keep a written timeline of anything unusual you notice. For example, write down if your spouse made a large withdrawal, transferred money to another account, sold property, or began spending heavily on things that do not benefit the marriage. Emails, text messages, and other communications may also help show what happened. The more organized your records are, the easier it may be to explain the issue to your lawyer and the court.

Speak With a Divorce Lawyer as Soon as Possible

A divorce lawyer can help you understand whether the conduct you are seeing may count as asset dissipation. Not every questionable purchase will meet that standard. However, a lawyer can review the facts, identify red flags, and advise you on what evidence may matter most in your case.

Your attorney may be able to use formal tools to uncover missing information. This can include subpoenas, document requests, depositions, and other discovery methods. In some cases, a lawyer may also work with financial professionals to trace missing funds or uncover hidden transfers. Taking these steps early can make a major difference.

Do Not Wait To Take Action

Timing matters in cases involving asset dissipation. The longer you wait, the harder it may be to track down missing money or prove where it went. Records can disappear, accounts can be emptied, and property can be sold or transferred. Quick action gives you a better chance to preserve evidence and respond before more damage is done.

If your spouse is truly dissipating assets, early action can help protect your share of the marital property and put you in a stronger position during the divorce.

Can I Get Paid Back for Asset Dissipation in My Divorce?

In Illinois, a judge can consider dissipation when dividing property in a divorce (750 ILCS 5/503(d)(2)). That does not always mean your spouse will have to write you a check directly. Instead, the court may award you a larger share of the remaining marital property to make up for what was lost. This is why bank records, receipts, account statements, and other evidence can be very important. If any dissipation took place, the court may try to balance things out in the final property division.

Contact Our DuPage County, IL Dissipation Attorneys Today

The Wheaton, IL divorce lawyers with The Stogsdill Law Firm, P.C. are here to help you protect what matters most in a high-stakes divorce. With our resources and legal knowledge, we can go over your options and pursue efficient solutions in your dissipation case. To schedule a private consultation with our firm, contact 630-462-9500 today.