Law Offices of Robert M. Kaplan, P.C.
SCHAUMBURG FAMILY LAW ATTORNEY

Can a Cheating Spouse Receive Alimony?

Divorce is wrought with emotion, particularly if cheating occurred during the marriage. If your spouse cheated, it’s natural to assume that he or she should be punished for that and any alimony (otherwise known as maintenance) withheld. The truth, however, is that in the state of Illinois, cheating and adultery are irrelevant when it comes to divorce.

Your Schaumburg alimony lawyer Robert M. Kaplan can advise you further, depending on your specific situation. Read on for a brief discussion of the import of cheating and adultery on divorce and alimony.

Grounds for Divorce

As of January 1, 2016, the only grounds for divorce in the state of Illinois is irreconcilable differences. Essentially, this means every divorce filed after that date is considered “no fault.” Whether adultery was committed or not is irrelevant and will not be considered in the economics of the divorce, including child support, alimony, or the division of property.

Spousal Support—or Alimony

If your spouse cheated, there is no doubt it is painful. But it will not make any difference in terms of alimony that may have to be paid. It might be tempting to think that if a judge is aware one spouse was a cheater, he or she will make decisions to somehow benefit the wronged spouse. The fact is, most judges are more concerned about the relevancies in a case than to spend any time thinking about something that is completely irrelevant.

Dissipation

The only time adultery might become a factor in a divorce is if one spouse spent marital funds for nonmarital purposes. For instance, if a cheating husband purchased a condo for his girlfriend, his wife would essentially have to be paid back.

Call for a Consultation

If you are facing divorce and have questions for an alimony lawyer in Schaumburg, give us a call today for a consultation.