I Am in My Fifties and Caught My Spouse Cheating. What Can I Do?

 Posted on January 11, 2024 in Divorce

Since all people are unique, and all couples have their own unique dynamics, there are also many unique reasons for divorce. But there are also some more typical reasons why some marriages end. One quite common reason is infidelity. This can break a couple whether they are newly married or have been together for decades, whether they are young or nearing retirement. If you are in your fifties or older and your spouse cheated on you, an experienced Kendall County, IL, divorce attorney can help you navigate this challenging time and plan your path forward.

Grounds for Divorce in Illinois

The State of Illinois is a “no-fault” state. The only ground for divorce recognized by the Illinois courts is the broad topic known as “irreconcilable differences.” Specific scenarios that could show how one spouse is to blame for ending the marriage are not taken into account when the court wants to determine if there are sufficient grounds for divorce. Instead, the court can accept a claim that the couple has irreconcilable differences that can not reasonably be resolved, and it will then dissolve the marriage. Even though infidelity will not have an impact on the grounds for divorce, it could influence other issues that need to be resolved in a divorce settlement.

Asset Division and Infidelity

As stated above, an affair is not taken into account when a court decides how a couple’s property and assets should be divided. Infidelity would not cause the spouse guilty of it to be considered less or more entitled to marital property.

However, if any marital assets were spent or used - without the other spouse’s awareness - to facilitate an affair, this might be considered a “dissipation of assets.” Any money or credit card points that a spouse spent on the person they cheated with might be deducted from their share of any divided marital assets.

Alimony and Infidelity

Most divorce settlements include an order for one of the spouses to pay alimony, officially known as spousal support, to the other, regardless of how or why the marriage ended. Its purpose is to ensure that a spouse who may be at a financial disadvantage can use these funds to help them as they shift towards becoming financially independent. According to the law of the State of Illinois, spousal support payments are canceled if the receiving spouse gets remarried or even just moves in with a new significant other. 

When a marriage ends because one spouse is unfaithful, that spouse sometimes moves in with the person they had the affair with. If your spouse who cheated on you is entitled to alimony but then moves in with the person they cheated with, they would lose any entitlement to the spousal support payments.

Schedule a Free Consultation With a Wheaton, IL, Divorce Over 50 Lawyer

If you are 50 years old or older and your spouse has been cheating on you, a knowledgeable Kane County, IL, divorce attorney can walk you through your options and make sure your best interests are being looked after. Call Divorce Over 50 - Goostree Law Group at 630-634-5050 to schedule a free consultation so we can begin the process of fighting for your rights.