Surveys have shown that 10 to 15 percent of married women admit to cheating on their spouses, while men double that statistic, with 20 to 25 percent of married men admitting to cheating on their partners. How does infidelity affect divorce? After all, cheating is something that most married couples never get over and is one of the leading causes of divorce.

What Adultery Does Not Affect During Divorce

It is easier to first list the aspects of divorce that are not affected by adultery because adultery has no effect on most of the things that people typically assume that it does. For instance, adultery does not sway a court one way or the other when it comes to child custody unless it can be proven that the cheating spouse’s affair somehow put the child at physical or emotional harm, which is extremely rare. Similarly, adultery has no effect on child support or the parenting plan. Asset distribution almost always remains the same whether marriage end because of infidelity or some other unrelated reason. It may seem like a cheating spouse put less effort into the marriage or is setting a horrible example for his or her children, and therefore is less equipped to be a parent, but the courts generally treat a cheating spouse better than a spouse with a gambling addiction, for example. Only when the infidelity is proven to have directly affected the child in a negative way, such as exposing the child to a prostitute, will a court use infidelity to make a custody decision. The same goes for asset division. However, there is one exception to the later.

Dissipation

Illinois is an equitable distribution state, meaning that property is divided “fairly.” Under 750 ILCS 5/503, the court “shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors.” As such, adultery does not affect property distribution. However, the court does recognize the misuse of marital assets, called the “dissipation” of marital assets. One type of misuse is spending marital assets on another sexual partner. For example, the court may choose to reduce the property distributed to the husband if it can be proven that he spent money on hotel rooms, jewelry, and dinners for his mistress.

In many divorce cases, an ex-spouse is required to pay child support. If your ex-spouse owes you child support and you have remarried, you may be wondering whether your child support payments will change. The answer is that your remarriage may have an effect on the amount and duration of child support you will receive.

Child Support Calculations in Illinois

The Illinois Marriage and Dissolution of Marriage Act dictates how child support works in the state. It uses the net income of the non-custodial or parent who does not have legal custody of the child and the number of children they are responsible for to determine how much the non-custodial parent must pay in child support.

In addition, the court considers other factors such as the financial resources of the child, their education needs, the child’s standard of living before the divorce, and the needs of the custodial and non-custodial parents. Although both parents may agree on a certain amount for child support payments, their agreement must meet minimum requirements and be approved by the court.

A New Spouse’s Income and Its Affect on Child Support

In the past, a new spouse’s income did not play a role in changing child support payments because child support was viewed as the financial obligation of both parents and based on a child’s best interests. That being said, new spouses or step parents were not legally obligated to support their stepchild.

However, in more recent years, Illinois Appellate Court has ruled that a court may consider the income of a parent’s new spouse in determining a child support amount.

The case placed emphasis on both parents’ financial obligations to assist their child with college-related expenses. It brought light to the fact that all financial resources available to parents should be considered when calculating child support payments.

Today, the income of a new spouse can serve as a valid reason to alter an existing child support agreement. This is especially true if the new spouse’s income is exceptionally high because their additional income allows the parent to meet their needs and as a result have more money available to pay child support.

Contact Our DuPage County Child Support Lawyers

If you have children or a spouse that wants you to leave your family home before your divorce is over, think twice before you do it.

For many reasons you may wish to remain in the home until the divorce is completed. Particularly with children, the number of days that you spend with your kids may well factor into the amount of child support you pay (or receive) under the new Child Support Laws in Illinois. In addition, the time that you are spending with your children may well determine the parenting schedule of the time you will be granted with your children AFTER the divorce.

Read your divorce agreement.

That's right - thoroughly completely and more than once, read your own divorce agreement. It is the future roadmap of your life after your divorce. The more money you have the more important it is for you personally to read each and every page of your divorce agreement. Don’t rely on some else, even your attorney.

You and your betrothed are hearing wedding bells and making plans for a long life of wedded bliss. Marriage is a legal and formal obligation to each other, where two lives become permanently entwined, as do all of their assets, debts, and income. Many consider a prenuptial agreement before signing up to mix everything together. Also known as a premarital agreement or a “prenup,” a prenuptial agreement is not just for the wealthy or those protecting their assets. The agreement also enables a couple to add clarification to economic rights and obligations as well as create a plan for inheritance, especially in situations involving children from previous marriages. It is best to create a plan for these items while everyone is happy and in love, well before anything unfortunate occurs, such as a divorce. If possible, try not to wait until the last minute before tackling this checklist to add to your agreement.

Everything Premarital

From your debts to your assets, everything you accumulated during your single life needs consideration. After you make the extensive list, you must then determine what to do with them in the event of a divorce. Do they return to separate property or are they included as a part of the marital assets, a true, “what’s mine is your’s” situation? Doing so not only helps you both become aware of the financial standing but also lets you know what to accomplish together and what to work out separately during the marriage.