How Infidelity Affects Illinois Divorces

 Posted on January 09, 2025 in Divorce

It goes without saying that infidelity can be devastating, coming as a huge shock from a person you may have once loved. The discovery that your spouse is cheating on you may be a major factor, if not the main reason, for initiating a divorce. 
Naturally, you may have questions about how your spouse’s infidelity could affect your divorce. A Wheaton, IL divorce lawyer at Fawell & Fawell can keep you in the loop about what Illinois’ no-fault laws mean for the dissolution of your marriage, and what you can expect during the proceedings of your divorce. We will protect your best interests during this emotionally fraught time, easing your transition out of your marriage.

Asset Division

Most couples negotiate a divorce settlement out of court, with the help of a mediator when necessary. When a divorce does go to court in Illinois, a judge’s final ruling on asset division will be based on the principles of fair and equitable distribution. Because Illinois does not recognize fault-based grounds for divorce, your spouse’s infidelity will not be penalized in how property is allocated with the exception of asset dissipation. This may come as a disappointment, but with the advocacy of a skilled attorney, you can negotiate for a favorable settlement in front of a judge.

Spousal Support

The same rule of no-fault divorce also applies to spousal support, meaning that your spouse’s cheating will not be weighed as a factor in a decision on whether or not to award spousal support. However, if your spouse cohabitates with an affair partner, that may disqualify him or her from being awarded spousal support from you. If your ex does not currently live with his or her partner, but moves in with an affair partner in the future, you can also petition to have the order of spousal support terminated by a judge. This is often why lawyers advise couples not to date during an ongoing divorce.

Child Custody

Illinois courts treat the matter of child custody with grave seriousness, and the child’s best interests supersede all other considerations, including infidelity. That being said, infidelity in the marriage may play a role in how parenting time is divided. The courts will consider the ability of each spouse to provide a stable home for the child. A parent continuing a relationship with an unstable or dangerous affair partner could cause significant distress for the child.

Moreover, a child caught in a divorce can sometimes voice his or her own preference for custody. A judge is more likely to take an older child’s opinion seriously, taking maturity into account. If the child learns about an affair, it may prejudice his or her opinion. However, you should not try to influence your child’s opinion about your spouse negatively in any way. This could tread into the territory of parental alienation, which is strongly discouraged by the courts, so take care not to sabotage your child’s relationship with your spouse.

Meet With a Wheaton, IL Divorce Lawyer Today

In general, Illinois divorce courts treat infidelity as a non-issue for the purposes of a divorce settlement. However, knowing when a spouse’s infidelity can have a bearing on the outcome of a divorce is important. At Fawell & Fawell, our skilled DuPage County, IL family law attorney is here to lend you compassionate representation and counsel at the end of a marriage. To schedule a free consultation, call our offices at 630-871-2400 today.