If your spouse is cheating and you want a divorce, you may wonder what impact the infidelity will have on the divorce proceedings. Is there some comeuppance your spouse will suffer under Illinois divorce law for wrecking your married life?
Illinois Property Division in a Divorce
Where couples divide marital assets in a divorce, the Illinois legislative code states clearly that courts must divide property “without regard to marital misconduct.” As galling as it is, just because your spouse had an extramarital affair, a judge can’t punish him or her by awarding you a greater share of marital property.
However, there is an exception if your spouse used marital funds to entertain or gift the ‘other woman’ or man. For example, if your cheating spouse spent your marital savings to pursue an affair, your divorce settlement will take those dissipated funds into account when reaching a property settlement agreement. The more he or she squandered, the less he or she will be entitled to when the marital property and assets are divided.
Illinois Spousal Maintenance When Spouse Unfaithful
What about alimony? Well, even though you didn’t cause the breakup, marital misconduct will not increase alimony or Illinois spousal maintenance you will receive. If spousal maintenance is awarded, it will be based on factors such as the length of your marriage, your need for assistance, the earning potential of both parties and the lifestyle you enjoyed when married – not that your spouse has behaved inappropriately.
Marital Infidelity’s Affect on Child Custody and Support
Illinois child custody is always determined in the child’s best interest and it is generally assumed that a relationship with both parents is beneficial to a child. The fact that your spouse had or is having an affair will not be a factor in awarding Illinois parenting time or responsibility unless there are unique circumstances for a judge to consider.
Child support is determined by a method which takes into account both parents incomes and the amount of parenting time each is awarded. Infidelity in the marriage has no bearing on the result.
Contact an Experienced Lake County Divorce Attorney for Help
Divorce or separation following marital infidelity is very painful and can cause great disruption in a family. Getting support from friends and family can help, but it is also important to secure experienced legal representation to fight for your rights with regard to marital property division, spousal maintenance and also parenting time when your children are going through unexpected changes too. Contact the Libertyville Family Law Offices of Schlesinger & Strauss LLC for help today