Recklessly spending money before a marriage is completely over could land a spouse in trouble in divorce proceedings. All spouses must obey the divorce order once the judge has entered it, but before a divorce is finalized, each spouse has the obligation to preserve marital assets to the fullest extent possible. If not, they could be considered to be dissipating marital assets and may face punishment from the court.
The Legal Definition of Dissipation in Illinois
Dissipation does not mean simply wasting marital assets. The Illinois Supreme Court had defined dissipation as the "use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown."
While the classic example of dissipation is spending money on a new lover, the definition could also apply to situations that reach beyond that. For example, Illinois courts have even found dissipation when one spouse donated money to a church. If the spouse made a large purchase for themselves, or they failed to properly tend to marital assets, they could be found to be responsible for dissipation.
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