1776 S. Naperville Road
Building B, Suite 202
Wheaton, IL 60189
630-462-9500630-462-9500
New client after hours number: 630-690-6077
Wheaton Division of Property Attorney
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Wheaton, IL Dissipation of Assets Attorneys

Dissipation of Assets Lawyers Serving Clients in DuPage County

When one spouse spends marital funds on something not related to the marriage at a time in which the marriage has begun an irretrievable breakdown, without the consent of the other spouse, it is called dissipation of marital assets. This term also applies to one spouse devaluing or wasting marital property, such as destroying the family home or other valuables. These issues often come up in divorce proceedings, and if dissipation of assets occurs, the court may offset the value of the property in the distribution of marital assets to compensate the other spouse.

At The Stogsdill Law Firm, P.C., we are experienced in handling dissipation of assets claims from both sides. We know how to effectively advocate for our clients in these situations.

Understanding Dissipation of Assets

In Illinois, the law recognizes that it is unfair for one spouse to waste marital assets on expenditures unrelated to the marriage. Likewise, one spouse cannot intentionally or neglectfully destroy or depreciate marital assets. When the couple divorces, those assets are no longer available to be distributed, for which the other spouse may be compensated.

There are a number of situations that could result in a dissipation of assets claim, including:

  • Spending money to support an extramarital affair (i.e. on hotel rooms, gifts for the other man or other woman);
  • Excessive gambling;
  • Destroying valuable assets (i.e. vehicles, artwork, photographs); or
  • Allowing a real estate property to fall into foreclosure or disrepair.

A claim of dissipation of marital assets can only apply to actions that have taken place during or after the irreconcilable breakdown of the marriage. Such a claim does not apply to actions that occurred when the marriage was intact.

Handling a claim for dissipation of assets involves pinpointing when the actions occurred and the current state of the marriage at that time. The burden of proof is on the spouse charged with dissipation to prove that marital funds were spent for a marital purpose. Clear and convincing evidence must be presented to show that the expenditures were legitimate. Our attorneys have the knowledge and experience to present effective arguments on behalf of our clients, whether we are asserting a dissipation claim or defending against one.

If you are going through a divorce that involves a claim of dissipation of assets, contact us at 630-462-9500630-462-9500 to schedule a consultation. We will carefully evaluate any claims of dissipation of assets and provide an honest assessment of how the property division process may be affected. We are located in Wheaton, IL and we work with clients throughout DuPage County and the surrounding areas of Northern Illinois.

  • DuPage County Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Rotary of Oak Brook
  • Martindale Hubbell
  • American Institute of Family Law Attorneys
  • American Institute of Family Law Attorneys
  • Top 40 Under 40
  • DCBA Law Firm of the Year
    DCBA Law Firm of the Year 2011, 2013
  • Office of the States Attorney 2006-2007
    Outstanding Service to the Office of the State's Attorney 2006-2007
  • Prosecutor 2012
    Outstanding Misdemeanor Prosecutor 2012
  • AVVO Clients Choice
    Clients' Choice
  • I would highly recommend Tony Sammarco to anyone needing a divorce lawyer. He explained all my options to me and he made sure I understood the process. I am glad I had him there to help me through this difficult time.

  • Thank you doesn’t seem enough for all that Bill Stogsdill and Brett Williamson have done not only for me, but my children as well. When I first met both of these gentlemen, each presented themselves with such self-confidence. I instantly knew...

  • The Stogsdill Law Firm and I were able to obtain sole custody of my son. I am fortunate for the outcome and I am to be a father to my son. Secondly, my ex-spouse was awarded limited portion of the marital estate. Bryan Estes is more than an excellent lawyer...

  • Whenever my opinion is asked by any of my clients, friends or family regarding what law firm someone should use for their divorce my answer is always the same –The Stogsdill Law Firm, P.C. The kids and I are forever indebted to Bill and his firm.

  • Bryan's ability to listen and understand my situation and then offer his advice on how we should proceed was the main reasons I hired Bryan as my attorney. That was the best decision I made, for myself and my children. Bryan helped develop action plans as well as a strategy ...

  • I wanted to thank you for your professional and respectful help with my case. Before entering your law firm, I felt as if my life might be at an end. After being greeted by your office manager, I was completely put at ease. Then after my consultation with you, I knew I was in good hands...

  • Mr. Smit has demonstrated a high degree of loyalty and trust worthiness to his work and to his associates. Justin certainly is an asset to your Law Firm, his organization skills are second to none. I have and will continue to recommend Justin ...

  • I recently made the life-altering decision of ending a 30 year marriage. While the support of family and friends was very important, I knew that choosing the right attorney was vital. In large part, my future would be determined by his legal advice and skills…

  • You've clearly established a client-focus in your office -- providing your clients with the warmth and understanding they need as they go through a very difficult time. Thank you, again, for all your help.

  • Taking that step to file for divorce was probably one of the most life changing decisions I have ever made. The process is very painful and emotionally draining. I retained Robert Boyd and Justin Smit of The Stogsdill Law Firm, P.C...