What Do I Need to Know if I Am Leaving My Spouse for a New Partner?

 Posted on December 17, 2021 in Divorce

Choosing a spouse is one of the most important decisions we ever make. Unfortunately, however, many people get married when they are young or do not yet understand their values and priorities and end up choosing a life partner they later regret. Sometimes, people realize this only after meeting someone who is aligned with their vision of the future.

If you are planning to get divorced so you can be with someone who is a better fit for you, you are not alone - but there are some important things to consider as you navigate the divorce process. Having an experienced, compassionate Illinois attorney who understands your situation can help ease the transition and help you make smart choices.

Risks of Asset Dissipation Claims

Although Illinois is a no-fault divorce state, meaning couples do not formally give a reason for divorce beyond “irreconcilable differences,” certain behaviors before and during divorce can influence the overall outcome. One important area where this may matter is the division of marital assets. For example, if a husband spends a lot of money on a new partner while the marriage is irretrievably breaking down, the wife may be able to successfully file a claim of dissipation. When the marital estate is divided, that money that was spent on the new partner can be awarded to the wife, diminishing the overall share of the marital estate that the husband receives.

Spousal and Child Support

After a couple gets divorced, it is common for one spouse to pay the other spousal support. But if a partner is receiving spousal support and he or she gets remarried or moves in with a new partner, the spousal support payments stop. Similarly, getting remarried may improve the overall financial situation of someone who is paying child support to their former spouse, allowing for increased child support payments.

Impact on the Relationship Between Former Spouses

Although divorce is never easy, it can become particularly acrimonious when one spouse leaves the other for a new partner. Spouses who feel wronged during divorce may make the negotiation process more about exacting revenge than about collaboratively resolving issues. Parents may also be more likely to speak ill of each other, damaging the relationship between parents and children. It could be beneficial to try to make the process easier for your current spouse by breaking the news gently and being considerate of their feelings so they do not retaliate against you during divorce.

Speak with a St. Charles, IL Divorce Lawyer

Although we might like to think of every marriage as a fairytale with only happy endings, the truth is that many people find a partner with whom they are much more compatible after they are already married to someone else. If you are ending your marriage to be with a new partner, consider meeting with a skilled Kane County divorce attorney with Shaw Sanders, P.C.. We can help you understand the implications of your decisions and create a divorce plan that protects you and the ones you love. Call us today to schedule a free and confidential consultation at 630-584-5550.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000