How Can Wasted or Destroyed Assets Affect the Divorce Process?

 Posted on October 16, 2025 in Divorce

During a divorce, some of the most pressing issues to address are often related to the division of marital property. Disputes over property division can get heated, especially if one spouse purposely wasted, destroyed, or misused marital assets before or during the divorce. In Illinois, this behavior is known as asset dissipation, and it can directly affect how the court divides property.

If you are going through a divorce and believe your spouse has dissipated marital assets, an experienced DuPage County, IL divorce attorney can help you understand your legal options. By addressing asset dissipation correctly, you can hold your spouse responsible for their actions and take steps to protect your financial interests.

What Is Asset Dissipation?

The dissipation of marital assets generally means someone is using marital property for their own benefit or for other purposes that are not related to a couple’s marriage or family. Actions may be considered asset dissipation if they happened after the couple’s relationship began to break down beyond repair. Common examples of asset dissipation include:

• Spending large sums on gambling or drug use

• Using marital funds to support an extramarital affair

• Selling or giving away marital property without the other spouse’s consent

• Making reckless financial decisions and racking up unnecessary debt

• Destroying valuable property out of spite

This type of behavior can reduce the total value of the marital estate, leaving the other spouse at a disadvantage when property is divided.

How Can Dissipation Affect Property Division?

During your divorce, your marital property should be divided in a way that is fair, but Illinois law does not require the division to be equal. If you can prove that your spouse wasted, destroyed, or otherwise dissipated assets, the court may grant you a larger share of marital property to compensate you for the lost value.

For example, if your spouse withdrew $20,000 from a joint bank account to spend on a vacation with a new partner during the divorce, you may be compensated for this loss by receiving other marital assets of a similar value.

Requirements for Filing an Asset Dissipation Claim in Illinois

Under Illinois law (750 ILCS 5/503), there are specific procedural requirements that must be followed when filing a dissipation claim. If you believe your spouse wasted or destroyed marital property, your attorney can help you act promptly and follow the proper steps. You will need to:

• File a Formal Notice: You must file a written notice with the court stating your intent to claim that dissipation has occurred. This notice must include specific information, including the date or time period when the dissipation occurred and the property or amount involved.

• Follow the Applicable Time Limits: According to Illinois law, a dissipation claim must be filed no later than 60 days before trial or 30 days after the end of the discovery period, whichever is later.

• Prove the Dissipation: The spouse filing the claim has the burden of proof. You must provide evidence showing that your spouse used marital assets for a purpose unrelated to the marriage and that it happened when the marriage was breaking down.

It is also important to note that not every poor financial decision qualifies as dissipation. The court will consider whether the actions were intentional and whether they occurred after the breakdown of the marital relationship. A dissipation claim must be made within three years after the dissipation occurred or became known. Dissipation claims cannot address actions that took place more than five years before the divorce case began.

Contact Our DuPage County, IL Asset Dissipation Attorney

If you are concerned about asset dissipation during your divorce, Hensley Sendek Law can help you determine how to address this issue. Our Wheaton, IL divorce lawyer will review your finances, identify any dissipation, and protect your right to a fair outcome. To set up a free consultation, contact us today at 630-358-9029.