Q: my husband had another sexual relationship with another woman while we were separated and going through a divorce.
My husband is divorcing me and was having a sexual relationship with another woman while we had been separated for 2 months. He had been bringing her into our home and even going to see her while I was away. Our divorce isn’t finalized so is that still considered adultery? He is also in the Navy.
A: It could be, although we do not have grounds for divorce in Illinois. Only irreconcilable differences.
A:
First, I’m sorry to hear about this difficult situation. Dealing with an affair during a separation is incredibly hard, and I understand how challenging this must be for you.
In Illinois, fault-based grounds for divorce (such as adultery) are no longer recognized, so an affair doesn’t impact the division of assets or spousal support.
However, there is one potential exception to consider. If your spouse has spent significant marital funds on the other person—for example, on gifts, trips, or other expenses—you may be able to claim dissipation of marital assets. Dissipation occurs when one spouse uses marital funds for a purpose unrelated to the marriage, and it can potentially impact the financial settlement.
I strongly encourage you to speak with a family law attorney in your area to review the specifics of your case and explore your options. They’ll be able to provide guidance tailored to your situation and help ensure your rights are protected.
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