How Can Cheating Affect Divorce in Illinois?

 Posted on June 28, 2025 in Business Contracts

When adultery happens in a marriage, it often leads to deep emotional pain, making divorce even more contentious. However, when it comes to Illinois divorce law, many people are surprised to learn that cheating does not always have a major legal impact. If you are concerned about how an affair may affect your rights during the divorce process, an experienced Illinois divorce attorney can help you protect your interests in every area, from spousal support to child custody, now called "parental responsibilities" in Illinois.

Do You Have To Prove Fault To Get a Divorce in Illinois?

Illinois is a no-fault divorce state. That means spouses no longer need to prove infidelity, cruelty, abandonment, or any other form of wrongdoing to get a divorce. Under the law regarding the dissolution of marriage, 750 ILCS 5/401(a), the only recognized reason for divorce is "irreconcilable differences." Once both spouses live separately for at least six months, the court assumes irreconcilable differences exist, and no other proof is needed.

Keep in mind that just because you do not have to prove fault to get divorced does not mean that infidelity is completely irrelevant in the process. Cheating can still affect some parts of your divorce, depending on the circumstances.

Can Adultery Affect Spousal Maintenance in Illinois?

In most cases, adultery will not affect spousal maintenance, also known as alimony. Maintenance laws under 750 ILCS 5/504 mandate that the court must determine whether spousal maintenance is appropriate based on several factors, including:

• The income and needs of each spouse

• The length of the marriage

• Each spouse’s earning capacity

The statute clearly states that spousal maintenance should be decided without regard for marital misconduct. However, there may be exceptions. If the cheating spouse spent significant marital funds on an affair, such as buying expensive gifts and going on vacations, this could be treated as the dissipation of assets. If proven, the court may compensate the other spouse through spousal maintenance or property division.

Can Adultery Affect Property Division in Illinois?

Statute 750 ILCS 5/503 defines Illinois as an equitable distribution state, meaning that property is divided fairly based on the circumstances. As with maintenance, property is supposed to be divided without regard for marital misconduct, unless one spouse is found guilty of having dissipated marital assets. 

For example, if one spouse secretly withdrew $20,000 from a joint account to support the affair, the court may award the other spouse a large share of the remaining property to make up the difference.

Can Cheating Affect Custody in an Illinois Divorce?

In Illinois, decisions about parenting time and parental responsibilities are based on the child’s best interests. The court considers factors like:

• The child’s relationship with each parent

• Each parent’s ability to meet the child’s needs

• The child’s ties to their home and community

• Any history of domestic violence or substance abuse

• The level of cooperation between parents

Cheating alone will likely have no impact on custody unless the behavior has a direct negative impact on the child. For example, if a parent exposed the child to inappropriate situations involving the affair or neglected parenting duties due to the relationship, the court may consider those actions among the factors.

Talk to an Arlington Heights, IL Divorce Attorney Today

Even though Illinois does not punish infidelity through fault-based divorce laws, cheating can still raise serious legal questions during divorce. If your marriage is ending due to an affair, the experienced Arlington Heights, IL divorce lawyers at A. Traub & Associates can help you protect your rights and make informed decisions. Call 847-749-4182 to schedule a consultation today.