Infidelity is one of the leading causes of divorce. This kind of betrayal can sever the bond between a married couple. Although it is a common cause of divorce, many people are still confused about whether it can affect spousal support and parental responsibilities in Illinois. You can consult an experienced attorney to help you navigate this complicated divorce process. 

Can Your Ex-spouse Still Get Spousal Support if They Cheated?

Illinois is a state that mandates no-fault divorce, so there is no requirement to establish grounds for divorce, such as adultery. As a result, infidelity itself usually does not directly affect spousal support payments. 

The role of spousal support is to ensure that both spouses can maintain a living standard that is roughly equivalent after a divorce. The criteria for calculating spousal support include the following: 

Divorce cases involving disputes over substantial assets, intricate property division, or child custody conflicts require thorough advanced preparation in Illinois. Understanding key steps is crucial when navigating high-stakes divorce complexities.

Compile Comprehensive Financial Documentation

Gather an exhaustive inventory of all financial assets and debts, including recent tax returns, pay stubs, property deeds, mortgage statements, retirement and investment accounts, stock options, company equities, and valuations of collectibles. Detail which assets were acquired before versus during the marriage. Organize records systematically.

Document Your Parenting and Child Care

To strengthen your custody argument, gather compelling evidence showcasing your dedication as a parent. Include a comprehensive range of supporting documents such as:

Hiding assets from your spouse during a divorce may seem strategic initially, but it carries significant legal and financial risks that can end up harming you in the long run. 

Illinois Law Mandates Complete Financial Disclosure

Illinois divorce law requires full disclosure of all assets, debts, income, expenses, and any financial information acquired during the marriage. Many spouses think they can get away with hiding money in undisclosed accounts, underreporting income, or not mentioning certain properties. This is a dangerous legal strategy.

Intentionally concealing assets or lying during sworn testimony constitutes perjury. It also violates statutes requiring truthful financial affidavits from both parties. The courts treat failure to disclose and fraud very seriously. Any spouse caught purposefully hiding assets will face consequences.

If you are planning to get divorced, you are likely hoping that the process will be relatively easy. A more financially complex divorce that needs to be contested can take several years to finalize. However, if you and your spouse have a complicated financial situation, it is likely worth it to take the extra time needed to sort through these matters. A variety of financial factors can lead to a more complex divorce. Depending on the nature and extent of property each of you owns separately as well as that of your marital property, your divorce may be somewhat challenging. If either of you has ownership interest in a business, or you have joint investments, or have built up a retirement account together, these types of property will need to be addressed in your divorce. The best strategy for dividing complex assets or working through complex financial situations will depend on the nature of the assets involved. It is important to be represented by your own attorney throughout the divorce process. 

Complex Financial Situations to Resolve During Divorce 

Common types of complex financial issues that must be resolved during divorce include: 

• Retirement plans - If you and your spouse have shared retirement accounts or plans, each spouse will likely be entitled to a share of these assets, regardless of whose income contributed to it. However, there may be concerns such as penalties for early withdrawal or tax implications to be concerned with. 

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If you have decided to divorce your spouse, you likely do have a reason. It could be that your spouse has committed adultery, or has become addicted to drugs. Or your reason could simply be that you no longer have romantic feelings toward your spouse. In the past, you might have needed to prove your reasons to a court. There used to be defined grounds for divorce like “extreme cruelty” and “abandonment.” Now, Illinois courts generally only recognize one ground for divorce, and that is that you and your spouse have “irreconcilable differences.” Since 2016, this is the only ground for divorce in Illinois’s new “no-fault” system. While your spouse could certainly be the one who took a course of action that directly caused you to choose to divorce them, you will not likely need to prove it. Courts are more interested in completing your divorce and getting you a final decree than in hearing evidence related to why the marriage has not worked out. It is still best to be represented by an attorney, as there are some facts you may still need to prove. 

How Can I Prove That My Spouse and I Have Irreconcilable Differences? 

In nearly all cases, Illinois courts will simply take your word for it when you say that your marriage has reached a point where you and your spouse cannot reconcile and continue to live as a married couple. Illinois courts have no interest in forcing someone to stay in a marriage that is making them unhappy. You may have some evidence that you have tried to reconcile with your spouse, such as proof that you attended marriage counseling. However, in most cases it is simply not necessary to introduce this type of evidence. 

What if My Spouse Disagrees That We Have Irreconcilable Differences? 

Your spouse could well attempt to prevent the divorce by arguing that your differences are not irreconcilable, or that you have not tried to reconcile. However, they are highly unlikely to succeed. At best, your spouse may be able to slow down the divorce process by forcing you to go to court instead of settling. However, your spouse does not have the power to prevent you from leaving them. You should note that if you live separate and apart from your spouse for a term of six months, there is a legal presumption that you have irreconcilable differences. If your spouse intends to contest the divorce, it is especially important to be represented by counsel.