Can Infidelity Still Affect Your Divorce in Illinois?

 Posted on June 05, 2025 in Divorce

Unfortunately, extramarital affairs are a common cause of divorce in Illinois and across the country. While adultery is still surprisingly a crime under Illinois law, the rule is generally considered outdated and is essentially never prosecuted. In the past, when you needed a reason to legally dissolve your marriage, adultery was reasonable grounds for divorce in Illinois. Today, proving why your union has failed is not important, but an experienced Wheaton divorce lawyer can explain other ways that adultery could impact the divorce process.

Is Illinois a No-Fault Divorce State?

Illinois is officially a no-fault divorce state, which means that you no longer need to prove that your spouse did something that warrants divorce. Instead, you file for divorce citing irreconcilable differences. A common misconception is that clear evidence of cheating could result in punishment during the divorce process. 

As of 2025, there is no formal way to punish your spouse through decisions made about property division and spousal support. For example, you cannot request alimony payments on the basis that your spouse cheated, and in most cases, the court will not need to factor in an affair when determining child custody arrangements. This does not mean that an affair will not impact your divorce at all. Instead, there are a few instances where cheating can have an effect.

How Can Cheating Influence Elements of Divorce in Illinois?

Some less direct ways that infidelity could impact your divorce include:

• Asset dissipation: The one exception where an affair could affect the division of property is if your spouse spent a substantial amount of money in connection with the infidelity. In that case, you may have a claim under statute 750 ILCS 5/503 for the dissipation of assets, referring to the misuse of marital assets.

• Spousal maintenance: If, under normal circumstances, you would have likely owed spousal maintenance as part of your divorce decree, you could potentially be relieved of that burden. If your spouse intends to continue their new relationship through cohabitation or marriage, they will probably lose their entitlement to support payments.

• Child custody: The only time an affair may impact the allocation of parental responsibilities is if your spouse’s new partner could be considered a potential danger to your child. The court prioritizes the best interests of the child in custody cases, and a co-parent’s relationships matter.

More broadly, infidelity commonly leads to a contentious, contested divorce. Under these circumstances, spouses can have a difficult time working together to resolve issues. Having a supportive attorney to protect your rights and ensure you are well informed about the legal options available to you is invaluable in this situation. Contested divorces do not have to turn into never-ending legal battles.

Schedule a Free Consultation With a Wheaton, IL Divorce Attorney Today

If you are considering divorce because your spouse was unfaithful, the DuPage County, IL divorces lawyers at Andrew Cores Family Law Group can offer personalized guidance. We understand that these sensitive circumstances carry heightened emotion, and we will walk you through every step, ensuring that you understand the laws that govern an Illinois divorce no matter the circumstances. Call 630-871-1002 to schedule your free legal consultation and learn more today.