DIVORCE AND DISSIPATION: What If My Spouse Is Overspending on Luxury Items and Clothes?

In the world of divorce law, particularly in Illinois, the issue of dissipation of marital assets often arises during the division of property. While divorce can be a complex and emotionally charged process, it’s important to understand how financial actions during the marriage and separation can impact the final property settlement. One question that frequently arises is whether spending on luxury items, such as shopping at high-end stores, can be considered dissipation of marital assets. Let’s explore this concept to help you understand how these types of expenditures could influence your case.

What is Dissipation?

Dissipation, in the context of divorce, refers to the intentional wasting or squandering of marital assets by one spouse during the period of separation or within a reasonable time before the divorce. Essentially, it involves using marital funds in a manner that is wasteful or frivolous, especially when that spending benefits only one spouse and not the family unit.

In Illinois, dissipation can include a range of activities, from extravagant vacations to gambling or excessive spending on luxury items like jewelry, art, or high-end clothing. If one spouse believes the other has misused marital funds for personal pleasure or indulgence during the dissolution process, they may claim that the spending is dissipation and should be considered when dividing assets.

High-End Shopping and Dissipation

When it comes to shopping at high-end stores, whether or not it constitutes dissipation depends on several factors. Illinois courts generally look at the following criteria:

1. Intentionality of the Spending:
   • The key question is whether the purchases were made with the intention to benefit the spouse alone, without consideration for the marital estate. If one spouse spends lavishly on designer clothing, accessories, or luxury goods without a legitimate family purpose, such expenditures may be flagged as dissipation.
2. Timing of the Purchases:
   • If the high-end shopping spree occurs during the period of separation or after the couple has agreed to divorce, it is more likely to be scrutinized. Courts may interpret these purchases as an attempt to hide or diminish marital assets right before the division, which could result in a dissipation claim.
3. Excessive or Unnecessary Nature of the Spending:
   • While spending money on high-end items is not inherently problematic, the court may consider whether the purchases are excessive in relation to the family’s financial situation. If the spending seems out of line with the couple’s income, lifestyle, and needs during the marriage, the court may view it as a form of dissipation.
4. Knowledge and Consent of the Other Spouse:
   • In a healthy marriage, major financial decisions are often made jointly. If one spouse indulges in high-end shopping without informing or consulting the other spouse, it may be considered an act of dissipation. On the other hand, if both parties have a mutual understanding of the financial situation and high-end purchases are part of the couple’s shared lifestyle, this could be a different case.

Examples of High-End Spending that Could Be Considered Dissipation:

• Luxury Clothing & Accessories: Purchasing expensive clothing, handbags, shoes, or jewelry from designer boutiques during the separation period.
• Gifts for a New Partner: If the spouse purchases lavish gifts for a new partner or significant other using marital funds, this could be a clear case of dissipation.
• Excessive Personal Expenses: Spending large sums of money on personal items that are not essential, especially if the purchases were made when the financial situation was precarious or in the midst of divorce proceedings.

What Can You Do If You Believe Your Spouse is Dissipating Assets?

If you suspect that your spouse is dissipating marital assets, such as through excessive shopping or other indulgent behavior, you should consult with an experienced Illinois divorce attorney. Dissipation claims can be complex and require detailed evidence to support the argument that the spending was inappropriate.

Some common actions your attorney may take to address dissipation include:

• Gathering Financial Records: Reviewing bank statements, credit card statements, and receipts to track the spending.
• Depositions and Interrogatories: Taking formal statements from the other party to uncover the intent and nature of the spending.
• Court Motion for Dissipation: Filing a motion in court to argue that certain expenditures should be considered when dividing the assets.

Conclusion

In Illinois, the court takes dissipation of marital assets seriously, and high-end shopping may indeed be considered dissipation under certain circumstances. If you are going through a divorce and believe your spouse has misused marital funds in this way, it’s important to consult with a knowledgeable divorce lawyer like Debbie Cohen of Cohen Law, LLC. She can help protect your financial interests and ensure that all assets are divided fairly. 

from Debbie Cohen https://cohenfamilylawyer.com/divorce-dissipation-marital-assets-illinois-law/

PRESS RELEASE

Debbie Cohen, founder of Cohen Law, LLC, has been selected to the 2025 Illinois Super Lawyers list.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers. No more than five percent of attorneys are selected annually in the state using a patented multiphase process that includes a statewide survey of lawyers, peer nominations, independent research by Super Lawyers, and evaluations from a highly credentialed panel of attorneys.

The objective of Super Lawyers is to create a credible, comprehensive, and diverse listing of exceptional attorneys to be used as a resource for referring attorneys, consumers, and business professionals seeking legal counsel.

The Super Lawyers lists are seen nationwide in Super Lawyers magazines including digital editions, and in leading city and regional magazines and newspapers across the country. Please join us in congratulating Jane Smith on her selection.

For more information, go to: SuperLawyers.com

from Debbie Cohen https://cohenfamilylawyer.com/debbie-cohen-honored-as-2025-illinois-super-lawyer/

Why You Need a Lawyer for Your Prenuptial Agreement – and the Risks of Signing Close to the Wedding

Getting married is a significant milestone, and with it often comes a sense of excitement and anticipation. While it may not be the most romantic aspect of wedding planning, having a prenuptial agreement (prenup) in place is a crucial step in protecting your financial future, especially if you or your partner have significant assets, business interests, or children from previous relationships.

However, it’s important to understand that signing a prenuptial agreement isn’t just about protecting assets—it’s about doing so in a way that’s fair, legally sound, and free from undue pressure. This is where the role of a skilled family lawyer becomes essential. If you’re considering a prenup, here’s why you need legal representation and the risks of signing one too close to the wedding date.

The Importance of Having a Lawyer Represent You

1. Ensuring Fairness and Protection
   A prenup isn’t just about protecting wealth—it’s about ensuring that both parties are treated fairly in the event of a divorce or separation.  Debbie Cohen of Cohen Law, LLC, will help you understand the terms of the agreement and ensure that they reflect your interests and needs. Without legal advice, you may unknowingly agree to terms that are unfavorable or unenforceable.
2. Drafting a Legally Binding Agreement
   A prenup is only valid if it meets certain legal standards. An experienced divorce lawyer, such as Debbie Cohen, will help you draft an agreement that’s clear, concise, and legally enforceable. This is especially important in Illinois, where specific laws govern how prenuptial agreements are treated in divorce court. If the agreement is not properly structured or if one party was not fully informed, it may not hold up in court.
3. Avoiding Emotional Pressure
   Marriage is an emotional experience, and it’s not uncommon for one party to feel reluctant about discussing a prenup. Having your own lawyer ensures that you’re not making decisions under pressure and that you fully understand the implications of what you’re signing. Your attorney will advocate for your interests, keeping the focus on protecting your financial future, not just on the wedding.

The Risks of Signing a Prenuptial Agreement Close to the Wedding Date

While prenuptial agreements can offer significant protections, signing one too close to the wedding date can introduce serious risks, both legally and emotionally.

1. Potential for Coercion or Duress
   One of the biggest risks of signing a prenup close to the wedding is the possibility of coercion or duress. If you or your partner feel rushed into signing, or if one party is using the wedding as leverage, it can lead to an agreement that isn’t truly voluntary. In Illinois, if a court finds that a prenup was signed under duress—because of time pressure, emotional manipulation, or lack of informed consent—it can be invalidated.
2. Limited Time to Review and Understand the Agreement
   Prenuptial agreements should be thoroughly reviewed and understood by both parties. When you’re approaching the wedding day, time is often in short supply. You may feel pressured to sign without fully considering the long-term implications. Attorney Debbie Cohen can give you the time and space to go over every detail of the agreement and provide expert advice on whether the terms are reasonable and enforceable.
3. Risk of Invalidating the Agreement
   Illinois law requires that both parties have ample time to review and negotiate the terms of a prenup before signing. If one party is given insufficient time to review the agreement—say, it’s presented only a few days before the wedding—there’s a risk that the court may deem the agreement invalid. Courts are highly scrutinizing of prenuptial agreements that seem rushed or unreasonably signed under time constraints.
4. Challenges in Enforcing the Agreement
   A prenuptial agreement signed close to the wedding may be subject to challenges in court. If one party feels that they didn’t fully understand the terms or was pressured to sign, they may later contest the prenup in a divorce proceeding. A prenup that’s signed too hastily or without proper legal guidance could result in costly and time-consuming litigation.

The Bottom Line: Plan Ahead for Your Financial Future

While discussing and negotiating a prenuptial agreement may feel uncomfortable or even unnecessary to some, it’s an important part of protecting your assets, securing your financial future, and entering marriage with a clear understanding of each party’s responsibilities. Hiring a family lawyer like Cohen Law, LLC, to represent you during this process is vital for ensuring that the agreement is fair, legally sound, and not the product of undue pressure.

It’s crucial to start the conversation about a prenup well before the wedding date. This gives both parties the time to think critically about the terms, understand their rights, and seek legal advice without being rushed. Ultimately, a properly negotiated and executed prenuptial agreement can offer peace of mind and financial protection, allowing you to focus on the joyous occasion of marriage rather than worrying about potential legal disputes down the road.

If you’re considering a prenuptial agreement in Illinois, make sure you have an experienced family law attorney such as Debbie Cohen, by your side to guide you through the process and protect your best interests.

from Debbie Cohen https://cohenfamilylawyer.com/prenuptial-agreement-lawyer-importance/