Legal Question in Family Law in Illinois

While the money earned during a marriage is marital property, that label only attaches at th time of filing of a dissolution of marriage action (divorce). If the wife spends money in her own name, and there is no action for divocr pending, I am unaware of any theory that would allow a man to sue his wife.

Once a divorce is filed, the man MAY be able to claim that the money the wife spend was a dissipation of the marital assets, if the money for used to for the "purposes" of the marriage.

You generally cannot sue a spouse for money matters under the general theory that it is damaging to the marriage. Once you file for divorce, your claiming that the marriage is essentially over. In other words, your going to need a divorce initiated to go after the money. Remember that the money she is spending is marital and you have no claim of her misspending the money while you too are still married.