Do I Have Grounds For Divorce in Illinois If My Spouse Withholds Sex?

 Posted on February 28, 2026 in Divorce

Married couples in Illinois must navigate a complex variety of issues to keep a marriage healthy and happy. In addition to financial concerns, raising children, managing careers, and running a household, couples must also try to maintain a close sexual and emotional relationship. Unsurprisingly, sex is one of the issues couples most often experience conflict over. If the issues are serious enough, disagreement about sex can lead to divorce.

In some marriages, problems with sex start early. In others, they show up years later. Many couples try counseling, medical care, or other treatments first. Sometimes nothing works. If you are in a marriage with serious sexual problems and you are thinking about divorce, you are not alone. Some people decide that a lifetime without sexual intimacy is enough reason to end a marriage. Other people decide to stay married, even if they are unhappy with that part of the relationship.

The right choice for you will depend on many factors. However, knowing more about your legal options may help you feel empowered to make a decision. At The Stogsdill Law Firm, P.C., our Wheaton, IL divorce attorneys have over a century of combined experience. You can trust us to provide you with practical, highly qualified guidance throughout your case.

Can You Get an Annulment for Sexual Dysfunction in 2026?

Annulment, called a "declaration of invalidity of marriage" in Illinois, is only available in specific, limited circumstances. If two people get married and the couple discovers that one spouse lacks the capacity to sexually consummate the marriage, this is grounds for declaring the marriage invalid. Petitioning to declare the marriage invalid must happen within a year of discovering one spouse is unable to have sex.

An annulment is different from a divorce because it treats the marriage as if it were never valid in the first place. Instead of ending a legally valid marriage, the court declares that the marriage should not count under the law. This is why annulments are rare and have strict rules in place.

How Does Sexual Dysfunction Affect an Illinois Divorce?

Illinois is a no-fault divorce state, meaning neither spouse needs a specific reason to get divorced. In fact, "irreconcilable differences" is the only reason spouses can give on a divorce petition (750 ILCS 5/401). If both spouses want to get divorced, the divorce process can begin right away.

If one spouse does not want to get divorced, spouses must live separately and apart for a minimum of six months before the divorce can be finalized. This does not necessarily mean that you have to live in different households. Sleeping in different bedrooms and maintaining separate social circles is often cited as proof of living separate and apart. Sexual dysfunction is not a legal ground for divorce, so it will have no bearing on the divorce proceedings.

Can You Be Penalized for Infidelity in a Divorce?

In many sexless marriages, one spouse feels rejected, lonely, or deeply hurt. Over time, that emotional distance can lead to poor decisions. Some people seek intimacy elsewhere. This can lead to hostility in the divorce, with one party feeling wronged and the other potentially feeling justified.

However, in Illinois, infidelity by itself does not control whether you can get divorced or how property is divided. As previously mentioned, Illinois is a no-fault divorce state. The court will not punish a spouse simply for having an affair.

Can Prenuptial Agreements Include Terms About Sex?

Some couples consider adding lifestyle clauses to prenuptial agreements. These "lifestyle clauses" may include how often spouses must have sex or whether a spouse must remain faithful. In theory, a prenuptial agreement can include many types of terms, as long as they are not illegal and do not violate public policy.

However, Illinois courts are primarily concerned with financial matters in prenuptial agreements. These agreements usually address property division, business interests, inheritance rights, and spousal support. Courts are less likely to enforce provisions that attempt to regulate personal behavior.

Clauses that aim to control intimate aspects of a marriage can be difficult to enforce. A judge is not going to supervise the private relationship between spouses.

Postnuptial agreements have similar limits. Spouses can agree on many financial issues during the marriage. However, using an agreement to control intimacy or sexual expectations is legally complex. It is also often not practical in real life.

Is It Risky to See Other People During a Divorce?

Once a divorce case is filed, many people feel emotionally ready to move on. If the marriage has been sexless for years, dating may seem overdue. However, there are risks that you should be aware of.

First, if you begin living with a new partner before the divorce is final, that cohabitation can affect spousal support. In some cases, cohabitation may reduce or eliminate maintenance. Courts may look at whether you and the new partner share expenses or function as a single household.

Second, spending marital funds on dates, gifts, travel, or shared rent can lead to claims of dissipation. Your spouse may argue that you used joint money for a new relationship while the divorce was pending. That can affect how assets are divided.

Third, introducing a new partner to children too quickly can create tension in custody discussions. Judges look for stability. Sudden changes may raise concerns, even if no wrongdoing occurred.

Moving on emotionally is understandable. Still, before starting a new relationship during divorce, it is wise to consider the legal and financial impact.

Contact a Wheaton, IL Divorce and Annulment Lawyer

A marriage without intimacy is a recipe for a lifetime of loneliness. Whether you just got married or have been married for many years, if your spouse is withholding sex from you or is incapable of engaging in sexual activity, consider meeting with an experienced DuPage County, IL family law attorney with The Stogsdill Law Firm, P.C.. We can explore your options in a confidential consultation so you can make an informed decision. Call us now at 630-462-9500.