Prior to 2016, Illinois was among a handful of states that recognized lawsuits for alienation of affection, also known as the homewrecker law, when couples divorced. Alienation of affection allowed a spouse to sue a third party for causing the breakdown of their marriage, whether it be an affair or just interference in the marriage that led to its demise.
Effective, January 1, 2016, the Illinois alienation of affection law was repealed and no fault divorce became law, eliminating all fault based grounds for divorce including adultery, physical and mental cruelty, habitual drunkenness, impotence, and substance abuse.
Someone petitioning for an Illinois divorce is no longer required to prove the other spouse is at fault for the failure of the marriage, They must only show that (A) irreconcilable differences caused an irretrievable breakdown in the marriage (B) that the effort to reconcile has failed and (C) that any future efforts to reconcile are impracticable and not in the family’s best interests.
A spouse that has felt the sting of infidelity may feel that there should be some recourse for broken dreams, but in reality marital misconduct under no fault divorce is not considered. Marital property and debt is dived equitably without regard to a spouse’s bad behavior and spousal maintenance is typically awarded based on only on need or duration of marriage.
How Infidelity Can Impact Divorce
Certainly if a cheating spouse dissipated marital assets to swoon a new love interest during the marriage – gifts, dining, travel or other – those marital assets may be recovered when property is divided in the divorce settlement. In Illinois, the dissipation of marital assets refers to the use of marital property for one spouse’s sole benefit, unrelated to the marriage, during a period when the marriage is undergoing an irretrievable breakdown.
Although infidelity typically does not enter into the divorce outcome, the court may weigh a spouse’s accusations when allocating parenting time and parental responsibilities if it concerns the child’s best interests. Courts may consider infidelity as one factor among many when determining child custody, and typically only when there is a potential risk to the child’s physical, mental, or emotional health or the new love interest represents an unusual threat (registered sex offender).
Infidelity in the marriage can be heartbreaking and often leads to divorce. It is helpful to have a skilled legal advocate on your side to represent your interests in a divorce to achieve the most favorable outcome with regard to marital property and debt division, child custody and support, and spousal maintenance. Contact Attorney Ronald L Bell & Associates P.C. to schedule your strategy session at 847-495-6000.