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How do Illinois Courts Divide Marital Property?

 Posted on September 20, 2022 in Divorce

Kane County Marital Asset Division LawyerDividing marital property during divorce can be a difficult process. When one household splits into two households, both need things like furniture - then of course, there is the house itself. Courts in Illinois aim to divide marital property in a fair and equitable way. Of course, you and your spouse are likely to disagree about what type of division is fair and equitable. It can be very challenging for a judge who does not know much about your and your spouse to arrive at a decision that is fair to both of you. There are a number of factors that courts can consider when trying to divide the money, debts, and property that married couples have acquired. Keep in mind that if you are not happy with the idea of letting a court make these important decisions, you have the option of using mediation or negotiation to work out a fair division with your spouse. You should be represented by an attorney throughout either process. 

Factors Illinois Courts Use to Make Decisions About Marital Property

Fair and equitable does not mean completely equal. You and your spouse have different needs and abilities, and that could affect how your property will be distributed. Factors the court may consider include: 

  • Contribution - Although this factor is not decisive, courts will consider whose income was used for certain things and which party made greater economic contributions. If you are a homemaker, do not worry, courts view domestic labor as a valuable economic contribution. 

  • Financial positions - Your financial position and your spouse’s financial position are important considerations. If one of you is less able to work and earn income than the other, this will come into play. 

  • Parental responsibility - If you have children together, they are an important part of this equation. The parent who has more time with the children will need much of the property that is meant for use by the children. Parenting can also affect a person’s earning ability. 

  • Dissipation - If one party hid marital assets or foolishly wasted marital funds without the other’s agreement, that party may get less. 

  • Personal status - Each party’s age, physical and mental health, and ability to work is considered. For example, if you are near retirement age and starting to have health issues, while your spouse is much younger and healthier, this factor weighs in your favor. 

If you and your spouse are not able to agree on property division issues, these are some of the main factors the court will use to make these decisions for you. 

Call a Kane County Divorce Lawyer

Serrano Hanson can help you and your spouse try to reach an agreement on property division. Our experienced Geneva divorce attorneys will also be prepared to take your case to court if no reasonable agreement can be reached. Call 630-844-8781 for a consultation. 




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