Can You Sue Your Spouse If They Have Cheated on You?

Hey, what's up everyone? Welcome to Illinois divorce TV. I am attorney Bobby Buchanan in Chicago. Today's question is, can you Sue your spouse if they have cheated on you? This used to be called alien nation of affections or criminal conversation. And the answer to that question now as of I believe 2016 is no, you cannot Sue your, your spouse if they have cheated on you. But in a divorce, there may be some relief that you can get as far as financial relief. Most specifically, dissipation dissipation is what lawyers call it. When one spouse has spent money on something during the marriage that has no bonafide marital purpose. A very good example of this is when a spouse is spending thousands of dollars on a mistress, um, and you know, they're going on vacations, lavish vacations, lavish dinners, gifts, that sort of thing. And if you can prove that this money was spent on something that's a non-marital purpose, then that money will be reimbursed to the marital estate.

And then the judge will divvy it up. So you'll basically get a credit for all this money that was spent. So let's say your spouse spent $50,000 on things that didn't involve the marital endeavor, you will be entitled to a $25,000 credit, most likely for those expenditures. If you're in a case where the property, the marital property is let 50 50 as it is in 95% of cases, I hope this is answering your question about whether or not you can Sue your spouse if they've cheated on you. If you want to continue the conversation, let me know in the comments. Um, if you have any comments, questions, concerns, or anything like that, and I'll talk to you soon.


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