Five Ways Infidelity Can Influence Your Illinois Divorce

 Posted on February 26, 2026 in Divorce

Research shows that extramarital affairs are more common than many people assume, and many of them lead to divorce. Whether it was a single instance of infidelity or a long-term secret relationship, cheating can have a major impact on a marriage and even sometimes on the divorce process that follows.

If you are considering or already pursuing a divorce in Illinois in 2026, understanding what Illinois says (or doesn’t say) about infidelity is important. States have very different laws on these matters, and the rules are not always what people expect. For personalized guidance throughout your divorce, contact our Palatine divorce attorney at The Law Office of Nicholas W. Richardson, P.C.

Does Infidelity Affect How Property Is Divided in an Illinois Divorce?

Whether cheating affects asset division is one of the most common questions people have when a marriage ends because of an affair, and the answer often surprises them. Illinois Courts do not consider adultery or other forms of marital misconduct when determining how to divide property.

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503, property division is based exclusively on equitable distribution — meaning a fair split — and not on who was at fault for the breakdown of the marriage. A spouse who had an affair does not automatically lose a larger share of the marital estate simply because of the infidelity.

However, there is one significant exception that can and does change the outcome in some cases.

Dissipation of Marital Assets

If a spouse spent a substantial amount of money in connection with the affair — hotel stays, travel, gifts, a separate apartment, or other expenses related to the relationship — the other spouse may have a valid claim for something called "dissipation of assets." 

Dissipation is when one spouse uses marital property for his or her own benefit, for a purpose unrelated to the marriage, after the marriage has started breaking down. When a Court finds that dissipation happened, the cheating spouse may be required to reimburse the other spouse for that money. This can reduce what the dissipating spouse gets in the final property division.

Illinois law has specific requirements for making a dissipation claim, including filing a notice with the Court and identifying the money that was supposedly dissipated. Making a dissipation claim can be very complicated and you should have the help of an attorney.

Can an Affair Affect Spousal Maintenance or Child Custody in Illinois?

Spousal maintenance and child custody are two very different issues, and infidelity might play a different role in each.

Spousal Maintenance

Spousal maintenance — sometimes called alimony — refers to payments one spouse makes to the other during or after the divorce. Courts in Illinois award maintenance based on a set of factors mentioned in the law. Fault, including infidelity, is not one of those factors. So if you are the financially dependent spouse and your partner had the affair, that fact alone does not automatically entitle you to a larger maintenance award.

That said, infidelity can still affect maintenance in a more indirect way. If the spouse who had the affair has already moved in with a new partner, that fact can reduce or eliminate the right to receive maintenance. Under Illinois law, alimony ends if the receiving spouse remarries or lives with a new romantic partner on a continuing basis. A spouse who is eager to start a new life with a new partner may find that moving in together comes with real financial consequences.

Child Custody and Parenting Time

In the vast majority of cases, infidelity has no direct effect on child custody decisions. Illinois Courts make all decisions about parenting time and the allocation of parental responsibilities based on what serves the best interests of the child. A parent's affair, by itself, is not something a Court will consider when determining how much time the parent spends with his or her children.

However, there are narrow exceptions worth knowing about. If a parent's new romantic partner has a criminal history involving a child or is a registered sex offender, that information is directly relevant to a custody determination. Exposure to certain kinds of instability or inappropriate situations can also be important if it directly affects a child's wellbeing. Apart from those specific circumstances, the infidelity itself stays out of the custody analysis.

The Practical Challenges of Divorcing After an Affair

Even when infidelity does not directly change the legal outcome of a divorce, it almost always makes the process harder. There are two practical issues that come up repeatedly in these cases.

Difficulty Working Cooperatively After One Spouse Has Cheated

Adultery creates a profound breakdown of trust, and that breakdown matters a lot once the divorce process begins. Spouses who are divorcing because of an affair frequently find it very difficult to communicate, negotiate, or make joint decisions about anything.

This is especially true for important issues as important as child custody arrangements and the division of valuable assets. What might otherwise be a straightforward negotiation can become very hostile simply because of the resentment or guilt the affair brings into every conversation.

Many of those cases, therefore, involve extended conflict during the divorce process, higher legal costs, and longer timelines before a final resolution is reached. Working with a divorce attorney who is experienced in contested divorce cases can make a meaningful difference in how long the process takes and what the final outcome looks like.

Recovering Emotionally During and After a Divorce Involving Infidelity

When a marriage ends because of an affair, both parties often carry a complicated mix of emotions throughout the process. Guilt, anger, grief, resentment, and sometimes relief may all play a role.

Divorce is already one of the most emotionally demanding experiences a person can go through, and divorce resulting from infidelity is often especially intense for everyone involved. Many people going through this kind of divorce benefit from working simultaneously with both a divorce attorney and a licensed therapist.

Contact a Palatine, IL Divorce Attorney Today

Divorcing a spouse who cheated brings up legal questions that need careful answers. The Arlington Heights divorce lawyer at The Law Office of Nicholas W. Richardson, P.C. has experience guiding clients through difficult divorces across the Chicago area. Call 847.873.6741 to schedule a free initial consultation.