Adultery in Illinois - Does Cheating Affect Alimony?

by Futurescopes Research Team

“Fault” is a commonly used phrase in the divorce process. Divorcing spouses often blame the other for causing the divorce. Often, spouses who cheat are really at fault for causing the divorce. That said, not every state allows judges to consider fault when making a divorce judgment. In many states, the alimony process is unaffected by a spouse’s infidelity.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Illinois.

The Nature of Divorce in Illinois

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Illinois must be examined.Recently, in 2016, Illinois became a no-fault divorce state.1 That means that Illinois divorce judges will not consider whether either party caused the divorce in determining whether the married couple is eligible for the divorce. This no-fault mentality permeates all of Illinois divorce law and procedure.

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About Illinois Alimony Rules

Alimony is known as spousal maintenance in Illinois. Illinois also recently updated its spousal maintenance statute. The new law will come into effect on January 1, 2018. This article assumes the update. First, to determine whether maintenance is appropriate at all, the court will consider the following factors:

  1. The income and property of each spouse;
  2. The needs of each spouse;
  3. The realistic present and future earning capacity of the spouses;
  4. The standard of living during the marriage;
  5. The duration of the marriage;
  6. The age and health of the spouses; and
  7. Any tax consequences to the divorce.

Once the court determines that an award is appropriate, the court will use a statutorily prescribed formula to determine the amount of support.2

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Even under previous versions of the spousal maintenance law from before Illinois became a no-fault divorce state, the fault of either party was irrelevant to an award of spousal maintenance.3 The updated version of the law reaffirms that any award of maintenance is “without regard to marital misconduct.”

The Verdict:

As a true no-fault divorce state, marital misconduct such as adultery is not relevant to spousal maintenance awards in Illinois. As a result, the determination of spousal maintenance is purely a financial matter.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

Resources:

  1. 750 ILCS 5/401.
  2. 750 ILCS 5/504.
  3. Carterfield v. Carterfield, 39 Ill. App. 3d 525, 350 N.E.2d 491 (Ill. App. Ct. 3d Dist. 1976).
  4. 750 ILCS 5/504.
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