What if My Spouse Drains Our Bank Account During Our Divorce?

 Posted on June 29, 2025 in Property Division

Until it happens to you, it can be nearly impossible to imagine the panic that sets in from finding out that your spouse has drained your joint bank account during a divorce. Unfortunately, this sort of thing happens more often than you might realize. It is illegal and Illinois law provides options for how to handle it, but it is important to act fast. If you are a victim of this type of financial misconduct, speak with a qualified Will County, IL family law attorney who can help you navigate it.

What Is Dissipation of Marital Assets in Illinois?

Dissipation of marital assets is when one spouse uses marital funds for a purpose unrelated to the marriage while the marriage is breaking down. It occurs when your spouse takes or spends marital money after the divorce process has begun. Common examples include draining accounts, excessive spending, gambling, or giving away money to friends or family.

As of June 2025, Illinois law still requires you to go through a formal process before you can claim dissipation. Under 750 ILCS 5/503(d)(2), you must file a notice that includes information about when dissipation happened and what it involved. This often comes up in contested divorces when one spouse controls the finances.

How Do I Prove My Spouse Wasted Our Marital Money?

To prove that your spouse is guilty of dissipating marital assets, you must show that:

• The spending occurred during the breakdown of the marriage (not years earlier).

• The funds were not used for any legitimate marital purpose.

• Your spouse acted intentionally or recklessly.

If the court agrees that dissipation occurred, it can compensate you by awarding you a larger share of your marital estate. For example, if your spouse took $20,000 from a joint account to pay for something that had nothing to do with your marriage or to hide assets, the court might award you an extra $20,000 from the remaining assets or require your spouse to repay you.

What Can the Court Do if My Spouse Drains Our Account?

As soon as you realize this is happening, you need to act fast so that it can be addressed before the final divorce judgment is made. A skilled attorney can help investigate the missing funds, issue subpoenas to financial institutions, and build a strong case for reimbursement. Your lawyer may also file for temporary emergency relief. Illinois courts can freeze accounts, issue injunctions, or order your spouse to return the funds.

Under certain circumstances, these issues can be resolved out of court through negotiation. However, if your spouse refuses to cooperate or has intentionally hidden money, the case will likely need to be litigated in front of a judge. This is when it is essential to have personalized legal representation.

At many larger firms, you might never speak to the same person twice, constantly getting passed off to assistants and paralegals while the partners are busy with other matters. That is not the case at the Law Offices of Tedone and Morton, P.C., where we pride ourselves on the fact that our small team of dedicated lawyers will handle your case personally, fighting to get you the outcome you deserve.

Schedule a Free Consultation with a Joliet, IL Asset Dissipation Lawyer

If your spouse has taken money from joint accounts or you suspect other financial misconduct during your divorce, speak with a qualified Will County, IL divorce attorney at the Law Offices of Tedone and Morton, P.C. We provide personalized legal service from start to finish and will work aggressively to protect your financial future. Call us today at 815-666-1285 to schedule a free consultation.