People don’t get divorced because they (or their spouse) were an angel. People usually get divorced after being subjected to some very reprehensible behavior. Does that behavior allow for punitive damages in the subsequent Illinois divorce? Punitive damages are “damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit; specifically, damages assessed by way of penalizing the wrongdoer or making an example to others” Black’s Law Dictionary (11th ed. 2019) For the most part, punitive damages are not allowed in an Illinois divorce. Assets and Support Are Awarded Without Regard To Bad Behavior Illinois divorce courts “shall divide the marital property without regard to marital misconduct in just proportions” 750 ILCS 5/503(d). (emphasis mine) For maintenance (formerly known as alimony), “the court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.” 750 ILCS 5/504(a)(emphasis mine) In Illinois, child support is a mathematical calculation that does not account for either parent’s behavior beyond their actual or imputed earnings. Child support is “based upon the parents’ combined net income estimated to have been allocated for the support of the child if the parents and child were living in an intact household.” 750 ILCS 5/501(a)(1)(D) Bad behavior will not even impact parenting time so long as the bad behavior happened away from the child. “In allocating parenting time, the court shall not consider conduct of a parent that does not affect that parent’s relationship to the child.” 750 ILCS 5/602.7(c) Case law specifically admonishes courts to not punish children for the poor behavior of their parents. There is a “well-established principle under both the Illinois [Marriage And Dissolution Of Marriage Act] that the children’s interests must take precedence over ruffled feelings of parents and even, on occasion, the authority of the court” In re Marriage of Weinstein, 408 NE 2d 952 – Ill: Appellate Court, 1st Dist. 1980f You cannot even ask for monetary compensation for an instance of domestic violence. “An action for dissolution of marriage also provides no compensatory relief for domestic abuse” Feltmeier v. Feltmeier, 798 NE 2d 75 – Ill: Supreme Court 2003 Still there are some avenues to make yourself whole, financially, during and after an Illinois divorce. Dissipation Claims or A Contribution Claims As A Substitute For Punitive Damages […]
