How Does Having a New Partner Change the Divorce Process in Illinois?

 Posted on June 01,2022 in Divorce

Most people choose a person to marry in the belief that they will remain partners for life. But as we grow, we realize things about ourselves we did not know when we got married, which can make someone who was a good fit when we were younger far less of a good fit as time goes on. In addition, people and circumstances change, and many married people somewhat unexpectedly find themselves in another, much happier relationship before their Illinois divorce is finalized or even initiated. 

While only you can decide the right course for your life, both in terms of whether seeking a new partner or a divorce is right for you, it is important to know that having a new partner can potentially impact the divorce process. If you are anticipating divorce and already have a new partner, read on to learn three things you should be aware of. 

You May Not Receive Alimony

Alimony, known in Illinois as “spousal maintenance,” is only available to divorced spouses who need time to get on their feet financially after the marriage ends. If a divorcee moves in with a new partner right away, alimony payments are terminated or may never even be a possibility. 

Your Spouse May Pursue a Claim of Asset Dissipation 

During or after a marriage has irretrievably broken down but before a divorce is finalized, spouses are not permitted to spend significant amounts of money on things that do not benefit the marriage. This is because their money is still considered marital property and marital property needs to be divided in a divorce. If you spend a considerable amount of money on your new partner while you are still married, whether for gifts, vacations, or even date nights, your spouse may file a dissipation of assets claim. You could potentially receive a smaller portion of the marital estate during the asset division process due to the asset dissipation. 

Your Divorce May Be More Contentious

Even if a marriage is deeply unhappy, nobody likes to find out that they are being left for a new partner. Be aware that leaving your partner for someone else can heighten the risk that your partner’s feelings are likely to be seriously hurt and good faith negotiation may become more difficult. If you must move forward with your new relationship before the divorce is finalized, try to treat your partner with compassion and break the news gently. Avoid flaunting photos on social media and exercise prudence when introducing your new partner to your children. 

Contact a Skilled Arlington Heights, IL Divorce Lawyer

When your divorce has complicated factors, the experienced Arlington Heights divorce attorneys with A. Traub & Associates can help. We have helped countless couples successfully complete the divorce process, even with significant extenuating circumstances. Call us today to schedule your initial consultation at 847-749-4182. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000