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IL divorce lawyerThough it remains federally illegal, marijuana for recreational use and medical purposes is legal in the state of Illinois and other states across the country. In its fourth month of legality, recreational marijuana still faces negative stigmas surrounding its use. In Illinois divorce cases, spouses may become concerned about how recreational cannabis will factor into the case. In many cases, a spouse’s recreational cannabis use will not significantly affect the outcome of the divorce. However, in some situations, a spouse’s recreational marijuana use may affect certain aspects of the divorce case.

Marijuana Use and Asset Dissipation

Couples who divorce in Illinois must come to an agreement on how their assets will be divided. The only assets that are subject to division are marital assets or those gained by either spouse during the marriage. This can include income or money in savings accounts. Asset dissipation occurs when one spouse uses marital property for their own benefit for a purpose unrelated to the marriage, while the marriage was undergoing an irretrievable breakdown. If a spouse has a habitual and excessive cannabis hobby, the other spouse may be able to claim that the cannabis-using spouse dissipated marital assets to fuel their cannabis use.

Marijuana Use and Child Custody Concerns

If a couple has children during a divorce, they must also come to an agreement as to how their children will be raised after the divorce. Couples with children must come up with a parenting plan that outlines the time that each parent will spend with the child and what kind of decision-making responsibilities each parent has concerning their child.

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