How Is Property Split Up in Illinois Divorces?

 Posted on December 23, 2024 in Division of Assets

In Illinois, it is the court’s preference that divorces should be settled outside of court with a resolution created and agreed to by both spouses. Mediation sessions can help you and your spouse come to a mutual agreement about how your marital property should be divided. However, if mediation proves unsuccessful and your divorce goes to court, the property shared between you and your spouse will be divided at a judge’s discretion. 

In these situations, it is imperative that you are represented by an Illinois family law attorney who can advocate for your rights to your property. At Pesce Law Group, P.C., our experienced lawyers are prepared to advocate aggressively on your behalf, protecting your best interests during a divorce.

Marital and Non-Marital Property

When your divorce case goes to trial, all of your assets will be categorized as either marital property or non-marital property. This process of asset division can be labor-intensive, as it entails a thorough examination of all your property, including your home, any vehicles, bank accounts, and more. 

As a general rule, if you acquired a piece of property prior to your marriage, it will be considered a non-marital asset. The same is true for any gifts made to you specifically, including inheritances. This rule is not set in stone, however. Non-marital property can easily become commingled, resulting in it being considered marital property in whole or in part. For instance, you might own your own house, but if your spouse put money toward the mortgage, he or she may be reimbursed for those contributions. A family law attorney can advise you of what assets will be subject to division, keeping you informed before your case goes to trial.

The Principle of Equitable Distribution

For every divorce in Illinois, the courts adhere to the principle of equitable distribution for property distribution. This means that all of your marital assets will be split fairly, which does not always entail an even 50/50 split. A judge will weigh numerous factors to divide your marital assets equitably, such as:

• Whether or not alimony was awarded.

• The earning capacity of you and your spouse.

• The age and health of you and your spouse.

• How long the marriage lasted.

Because Illinois is a no-fault divorce state, marital misconduct like cheating is not factored into the division of assets. That being said, the courts will penalize any dissipation of assets, which refers to the intentional waste, misuse, or destruction of marital assets during an ongoing divorce. If your spouse is found guilty of dissipation, you may receive a larger portion of marital assets.

Meet With a DuPage County, IL Family Law Attorney

Under ideal circumstances, you and your spouse may be able to reach an agreement about how your shared property should be split in the dissolution of a marriage. Unfortunately, not every divorce goes so smoothly, and if you need help protecting your assets, an experienced Naperville, IL family law attorney at Pesce Law Group, P.C. can give you a strong voice in court. To schedule a free consultation with our lawyers, call our offices at 630-352-2240 today.