Whether you and your ex-spouse are millionaires and acquired substantial assets during your marriage or you and your spouse were scraping to get by, property division is a feature common to nearly every Illinois divorce. Illinois law gives courts a great deal of discretion in distributing the marital asset of the parties and only requires the court to treat each party fairly and equitably under the circumstances. This means that while both parties must be treated fairly – a judge cannot deliberately award one party more assets because of a like or dislike for the other ex-spouse – the court is not necessarily required to give each spouse “half” of the property.
One issue that is frequently litigated in an Illinois divorce is identifying the divorcing couple’s “marital assets.” Only marital assets are subject to property division: any property that one spouse acquired prior to the marriage is typically not considered marital property. Marital property is generally defined as that property and those assets that the couple acquired during the course of the marriage, regardless of which spouse’s work or activity actually resulted in its acquisition. Marital property, therefore, can include:
Because identification of all marital property is essential to ensuring there is a fair distribution of that marital property, the legal assistance of an experienced Chicago divorce attorney is usually recommended.
Because divorces can take months (or, in some cases, years) to be resolved, courts will enter temporary orders that govern the parties until the divorce is finalized. Courts will usually order both parties to preserve and refrain from disposing of marital assets. This means that parties cannot:
An ex-spouse who violates these temporary orders can be punished through the court’s contempt powers and/or may be awarded a smaller share of the remaining marital assets.
Illinois statutes tell courts to consider all relevant circumstances in determining how to divide marital assets. These circumstances and factors include:
Most property division orders are final once the court enters the order, so it is important that the court be made aware of all of the circumstances and facts present in your divorce.
Illinois follows the principle of equitable distribution under 750 ILCS 5/503. This does not mean a 50/50 split — it means the court will divide marital assets in a way it considers fair based on all relevant circumstances. Factors the court weighs include:
Understanding how these factors apply to your specific situation is critical to achieving the best possible outcome. Arami Law’s property division attorneys analyze every factor and build arguments that position our clients for the fairest result under Illinois law.
Not all property is subject to division in an Illinois divorce. Non-marital property — assets you owned before the marriage, or received as a gift or inheritance — is generally protected. However, non-marital property can lose its protected status through commingling (mixing it with marital funds) or if its character cannot be traced back to a non-marital source.
Common disputes over non-marital property include:
At Arami Law, we meticulously trace the origins of disputed assets to protect what is rightfully yours. We use financial records, account histories, and expert testimony to establish the non-marital character of property and argue for its exclusion from the marital estate.
Illinois law allows a spouse who has been harmed by the other’s dissipation of marital assets to seek credit in the property division. Dissipation occurs when one spouse wastes or misuses marital assets for purposes unrelated to the marriage after the marriage has irretrievably broken down.
Common examples of dissipation include:
To claim dissipation, strict procedural requirements apply — including a written notice with specificity. Arami Law knows how to document dissipation claims effectively and pursue reimbursement for our clients.
