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How to Get What You Deserve in a Divorce Property Division

Dividing property between divorcing spouses is often a source of frustration and unrest in Illinois divorces; however, it need not be.

Property that is divided between divorcing spouses is referred to as " marital property."

Non-marital property is the sole property of one spouse, and is not subject to division by the Illinois divorce courts.

The issue to resolve, then, is " What constitutes the marital property of divorcing spouses in Illinois ?"

Illinois divorce law statutes define "marital property" as "all the property that is acquired by either spouse during the marriage" (750 ILCS 5/503).

There are exceptions, however;

  • property acquired before the marriage;
  • property gifted to one spouse;
  • property inherited by one spouse;
  • property received in exchange for all of the above;
  • property acquired after a legal separation;
  • property excluded from marital property by a pre- or post-nuptial agreement; and
  • income earned on all of the above.

Property that is normally considered sole property can take the form of marital property when the two forms of property are commingled to a point that the sole property cannot be differentiated from the marital property.

Illinois divorce courts use the following factors when making decisions regarding what is " marital property" and what is " sole property":

  • contribution of both spouses;
  • use of the property by both spouses;
  • the value each spouse assigns to the property;
  • length of the marriage;
  • the relative economic circumstance of each spouse;
  • financial obligations from prior marriage(s);
  • the existence of any pre- or post- nuptial agreements; and
  • the best interests of the child(ren).

Determining what is marital property versus sole property is not always easy, and is often the source of conflict in Illinois divorces.

You should only work with a north suburban Chicago divorce and family law attorney who has significant experience in Illinois divorce and property law. The Cook County and Lake County divorce attorney of Sylvester Law Firm has such experience.

We invite you to call the Wilmette, Glenview and Northbrook divorce lawyer of Sylvester Law Firm at (847) 251 - 2999 to get answers to your important questions about Illinois divorce and marital property. Your questions are always welcome.

Sylvester Law Firm, PC - Chicago Attorney
1000 Skokie Blvd., Suite 320
Wilmette, IL 60091. View Map
Call Us Today 847.251.2999
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.