Can My Spouse’s Criminal Past Affect Our Divorce? 

 Posted on February 22, 2024 in Divorce

When going through a divorce, it is natural to wonder how your spouse’s criminal past may impact the proceedings. While each divorce case in Illinois is undoubtedly unique and the outcome is dependent on various factors, your spouse’s criminal history can have some influence on the divorce process. If your soon-to-be ex-spouse has a criminal past, consult a divorce attorney to ensure you can get the best outcome possible.

Can a Criminal Record Impact Child Custody?

One of the most significant ways a spouse’s criminal past can affect a divorce is in child custody or visitation arrangements. Because the court’s most important concern when it comes to custody and visitation is what is best for the child, a parent’s criminal record may seriously affect those arrangements. For example, suppose a parent has a criminal record involving a violent or drug-related offense. In the court’s eyes, such a parent may be deemed unfit to be a safe parent who can be left alone with a child. Additionally, the court will weigh the chances of criminal behavior happening in the future when determining custody and visitation rights.

Will Property Division Be Affected by a Criminal Record?

Yes, a spouse’s criminal past may affect the division of property. For example, suppose your spouse’s criminal activities resulted in financial losses or debts; the court may take this into account when dividing marital assets. This is especially true in Illinois because property division is based on equitable distribution, which focuses on dividing property fairly, rather than equally.

Can a Criminal Record Impact Alimony?

The court may also consider a spouse’s criminal past when determining spousal support, also known as alimony. Suppose one spouse’s criminal behavior, such as domestic violence or other forms of abuse, has significantly impacted the other spouse’s ability to earn a living or maintain a certain standard of living. In that case, it may be a factor in determining the amount and duration of support.

Will Rehabilitation and Improved Behavior Make a Difference?

It is also worth mentioning that the court may also consider a spouse’s efforts toward rehabilitation and behavioral change. If your spouse has taken steps to address their criminal past, like completing a rehab program, it may influence the court’s decisions regarding custody, property division, and support.

Contact Our DuPage County, IL Divorce Attorney Today

While a spouse’s criminal past can potentially impact a divorce, the specific influence will depend on various factors. Contact the seasoned Wheaton, IL divorce lawyers with The Stogsdill Law Firm, P.C. to ensure your rights are protected. Call 630-462-9500 for a private consultation.