Division of Property

Discover how our experienced Chicago Division of Property Lawyers can tip the scales in your favor

Discover how our experienced Chicago Division of Property Lawyers can tip the scales in your favor

Cutting The Cards In Your Favor

Illinois courts do not necessarily divide up marital property equally (50/50) upon the dissolution of a marriage. Instead, the court will consider a number of factors and split up the marital assets according to what is “equitable.” If you are involved in a divorce proceeding or anticipate that you will soon be, it is critically important that you secure the assistance of our experienced Chicago division of property lawyers in order to ensure that your rights are fairly represented throughout the divorce process.

How Do Illinois Courts Divide Up Marital Assets?

As mentioned above, Illinois courts use principles of equitable division when determining who gets what in a Chicago divorce proceeding. A few of the factors that the court will consider when making the equitable division decision are:

  • The length of the marriage;
  • The value of each spouse’s individual property;
  • The child custody arrangements;
  • Any prenuptial agreement entered into before the marriage;
  • The earning potential of each spouse;
  • Any sacrifice that either spouse has made in favor of the other spouse’s career;
  • Each spouse’s contribution to the marital assets;
  • The needs of each spouse;
  • The age and the physical, mental, and emotional health of each spouse; and
  • Either spouse's “waste” of marital assets.

Get professional insight into your situation today!

What Is Subject to Equitable Division in an Illinois Divorce?

Any marital property is subject to equitable distribution. Marital property, simply defined, is all property that “belongs” to the marriage. This includes almost all assets acquired while the marriage was in effect. Some assets remain with the spouse that brought them into the marriage. These are called nonmarital assets. A few examples of nonmarital assets are:

  • Assets owned by one spouse prior to entering into the marriage
  • Any asset that was acquired by one spouse by exchanging or selling a nonmarital asset.
  • Any gift given to or left to one of the spouses.
  • Income derived from nonmarital assets.
  • Property acquired by one spouse after separation.
  • Any judgment awarded to one spouse from the other spouse.

Comingling of Funds and Transmutation of Assets

If one spouse comingles nonmarital assets with marital assets, the nonmarital assets may transmute into marital assets. If this occurs, the spouse whose property is transmuted may be able to get reimbursed for their additional contribution to the marital assets. This can cause some confusion and frustration in Chicago divorces.