How Is Property Divided in a Divorce?

How Is Property Divided in a Divorce?

If you’re in the process of getting divorced or are considering starting the process, you may feel overwhelmed with the number of decisions that need to be made. Many couples have questions regarding what will happen to their property after a divorce. Every state has different laws regarding property division to help couples who can’t agree on this aspect of their divorce. At SAM LAW OFFICE LLC, we’re here to help individuals understand Illinois law regarding property division and guide them through this process. 

How Does Illinois Categorize Property?

Some states will review all property owned by either spouse and split it evenly between them. Illinois, however, is known as an equitable distribution state. Equitable distribution is intended to split property fairly between spouses, which means it may not be split evenly. 

To determine how to split the property fairly, Illinois categorizes property into marital and non-marital. Marital property refers to anything that was obtained during the marriage, regardless of which spouse’s name is on the property. Non-marital, also known as separate property, refers to anything that was obtained before the start of the marriage, including property gifted to an individual. During divorce proceedings, the court will distinguish between marital and non-marital property and who is responsible for their specific property. Non-marital property is typically not included in property division, as it remains the responsibility of the owner. Marital property will be divided in a way that is deemed fair to both parties. 

Does Illinois Consider Fault When Dividing Property?

Illinois does not consider whose fault the divorce was when deciding on the division of property. Some states require individuals to specify the grounds on which the divorce is being requested, including who is primarily at fault for the marriage’s end. Illinois is considered a no-fault state, meaning that couples can simply state irreconcilable differences as the grounds for divorce. Thus, Illinois will not consider fault in dividing property and will determine what they feel is fair to both parties. 

How Does Illinois Decide Who Receives Which Property?

Many factors determine who should receive marital property. For example, the court may consider who has contributed more to the specific property, whether that be financially or time and labor. If a spouse has clearly devoted more time to the maintenance of the property, the court may rule that they have the right to ownership. Additionally, the court will consider the financial needs of each spouse and whether property rights can help support their financial needs. Property value is also considered in the division. The court will also determine if the spouse is responsible enough to care for any property given to them. Many individuals believe that if they purchased the property, it’s automatically theirs after divorce. Couples should be prepared to split their property as the court deems best, which may mean their spouse has the rights to their purchased property. 

Contact Our Trusted Team Today 

The property division process can be complex and difficult to navigate on your own. Contact our team today if you have questions about property division in Illinois. We will advocate for your rights to ensure that you receive a fair portion of your marital property.