Bringing Sensitivity, Understanding and Experience to Your Case

How is property division handled?

| Dec 11, 2019 | Family Law |

When getting a divorce in Illinois, it is important to understand the state laws. Each state handles marital property in different ways. This means that in a divorce, the division of your property will depend in part upon the state laws. 

The first thing to note is that Illinois is not a community property state. With community property states, all items obtained during the marriage are up for division. This includes items bought by an individual without the intention to share. Because Illinois does not recognize community property, it you may not have to divide your assets equally down the middle. 

Marital property is anything acquired after the marriage but before the marriage dissolution. However, the law does exclude some items. This includes things like keepsakes or other tokens of inheritance. You may not even need to divide inherited money. The division of assets is considered to be equitable, not equal. 

The court will likely consider several factors when determining how a division can be equitable. This includes things like: 

  • The duration of your marriage 
  • How much each spouse contributed to (or took away from) the marital property value 
  • The relative economic circumstances of each spouse 
  • Any obligations or rights left over from a previous marriage 
  • Your future opportunities for employment, making money, and being self-sustaining 

Are you curious to read more about divorce laws and other matters related to ending a marriage? You can start your search here on our web page. From there, you can read more about family law, divorce law, and what to expect during a divorce.