When allocating spouses’ property under 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), Courts are to assess whether a spouse engaged in the dissipation of marital assets. While marital misconduct, such as adultery or mental cruelty, are not a basis to affect the allocation of marital property, dissipation is relevant and the spouse engaging in the dissipation could receive a lesser share of the marital estate.

Defining Dissipation

Dissipation occurs when one spouse uses marital property, for a use unrelated to the marriage, during a time in which the marriage is irretrievably broken.[1]

When analyzing…

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