Can My Spouse's Criminal Past Affect Our Divorce? 

 Posted on October 30, 2025 in Divorce

When you are going through a divorce, it is natural to wonder if and how your spouse’s criminal history might influence the outcome. Some criminal convictions will have little or no effect, while others can have a major impact on child custody, spousal support, or property division.

At The Stogsdill Law Firm, P.C., our Wheaton, IL divorce attorneys have over 100 years of combined experience guiding clients as they navigate complicated situations. Understanding how someone’s criminal history is viewed by the court in a divorce case can help you prepare and protect your own interests.

Can a Criminal Record Affect Child Custody in Illinois?

Decision-making authority, known as child custody or "the allocation of parental responsibilities" in Illinois, is one of the areas most likely to be influenced by someone's criminal past. When making decisions about custody and parenting time, Illinois courts must follow one guiding principle: What is in the best interests of the child. This standard is written in section 750 ILCS 5/602.7 of the Illinois Marriage and Dissolution of Marriage Act.

If one parent has a criminal record that suggests a risk to the child’s safety or well-being, the court can limit that parent’s rights. Crimes involving violence, substance abuse, or sexual misconduct are especially concerning. 

For example, if a parent was convicted of domestic battery or child endangerment, the court may decide that parent should not have unsupervised parenting time. The goal is always to protect the child’s safety and well-being.

Even a non-violent conviction can influence the court’s decision if it reflects poor judgment or recklessness. For instance, repeated arrests for driving under the influence or drug convictions could raise questions about a parent’s ability to provide a safe home environment.

However, the court also looks at current circumstances. A conviction from many years ago may not carry much weight if the parent has demonstrated responsibility since that time. 

How Does a Criminal Past Affect Parenting Time?

Parenting time, sometimes called "visitation," can also be restricted if the court finds that contact with a parent would endanger the child. For example, if a parent has a history of violent behavior or substance abuse, the court may require supervised visits. In more serious cases, such as when a parent is in prison or on probation, the court may suspend parenting time altogether.

Judges are not trying to punish parents for past mistakes but rather to make sure children are safe. If your spouse has a criminal record, your attorney can help you gather evidence showing how that record affects your child’s well-being and what parenting arrangement would be best.

Can a Criminal Record Affect the Division of Property?

Illinois uses an "equitable distribution" system when dividing marital property. This means the court divides assets and debts fairly, though not always equally, under 750 ILCS 5/503. In most divorces, a criminal record alone does not affect who gets what property. However, if your spouse’s criminal actions caused financial harm to the marriage, that can absolutely influence the outcome.

For instance, if your spouse’s crimes resulted in fines, legal fees, or job loss, the judge may consider those factors when dividing assets. A conviction related to fraud, gambling losses, or misused marital funds can also lead to an adjustment in your favor. The court’s goal is to prevent one spouse from being unfairly burdened by the other’s behavior.

It is also possible that a criminal case could freeze certain assets or delay the divorce process. If property is seized as part of an investigation or restitution order, the marital estate might temporarily shrink. Your attorney can help you fight to ensure your finances are protected during divorce proceedings even under those circumstances.

Can a Spouse’s Criminal History Affect Alimony?

Spousal maintenance, or alimony, is another area where criminal history can play a role. In Illinois, courts may award maintenance when one spouse has significantly lower income or earning potential. If one spouse’s criminal conduct directly impacted the other spouse’s ability to earn a living, the court may take that into account. For example, if a husband’s domestic violence conviction caused his wife physical injury or emotional trauma that limited her ability to work, the court may award higher or longer-lasting maintenance.

On the other hand, if the spouse seeking alimony is the one with a criminal record, the court might reduce or deny support depending on the circumstances. Judges want to ensure that financial support is fair and not rewarding harmful behavior. Every situation is different, so it is important to discuss the specifics of your case with a lawyer.

What If the Criminal Case Is Still Pending?

Sometimes, a spouse’s criminal case is still ongoing when a divorce begins. This situation can make things more complicated. A pending case can delay certain parts of the divorce, particularly if the outcome could affect finances, parenting, or personal safety.

For example, if a spouse is facing charges for domestic battery, the court might issue temporary protective orders under the Illinois Domestic Violence Act (750 ILCS 60/214) to restrict contact until the criminal case is resolved. The judge may also postpone final decisions about custody or property division until after the criminal proceedings conclude.

The outcome of these cases can be unpredictable. Spouses trying to divorce someone facing criminal charges often say they feel stuck in limbo. At The Stogsdill Law Firm, P.C., we will take every step possible to make sure you stay updated and informed. Whether your spouse is facing charges of financial crimes, domestic violence, or any other crime, we will work to help you understand how it could impact your divorce. Our goal is to help you separate as cleanly as possible so you can move forward with your own life. 

Contact a DuPage County, IL Divorce Attorney

If your spouse has a criminal record and you want a divorce, the experienced attorneys at The Stogsdill Law Firm, P.C. can help. We have more than 100 years of combined experience handling complex family law matters and we can help you understand how your spouse’s record might influence your divorce.

To speak with a knowledgeable Wheaton, IL divorce lawyer, contact us at 630-462-9500 today. Our team is ready to help you protect your rights and build a secure future.