Your Guide to Listing Debts and Assets in a Divorce

Your Guide to Listing Debts and Assets in a Divorce

Are you preparing for a divorce in Illinois? If so, you likely have a lot of questions about the separation of property and debts. One of the most important steps that you can take early on in the divorce process is creating a comprehensive, detailed list of all of your assets and liabilities. Your spouse should do the same. In this article, our Illinois complex property division attorneys provide a guide to listing your debts and assets for a divorce. 

What to Know About Equitable Distribution in Illinois

Illinois law (750 ILCS 5/503) calls for equitable distribution of marital property in a divorce. The approach aims for fairness, not necessarily a 50-50 split. Marital property includes assets acquired during the marriage. Separate property remains with the original owner. Factors considered include each spouse’s contributions, financial needs, and future earning potential. Notably, a divorcing couple’s marital debts are also divided equitably. 

Illinois Requires Comprehensive Financial Disclosures During a Divorce

Illinois law requires both spouses to provide full and accurate financial disclosures during a divorce. It helps to ensure fair property division and support determinations. Each spouse must complete a financial affidavit, a comprehensive document that details income, assets, expenses, and liabilities. 

The financial affidavit includes information about employment, bank accounts, investments, real estate, personal property, and debts. Notably, it also covers monthly expenses, such as housing, utilities, insurance, childcare, and other necessary costs. 

How to List Debts and Assets for Divorce

Properly listing your debts and assets will help streamline the divorce process and prevent potential disputes. Here’s a step-by-step guide on how to list debts and assets for divorce:

• Gather Financial Documents: Collect all relevant financial documents, such as bank statements, credit card statements, mortgage statements, loan documents, and tax returns. These records will provide a comprehensive overview of your financial situation.
• Create Categories: Divide your debts and assets into categories for easier organization. Typical categories include real estate, vehicles, bank accounts, investment accounts, retirement accounts, business interests, personal property, and debts. 
• Identify Marital and Separate Property: Differentiate between marital property (acquired during the marriage) and separate property (owned before the marriage or acquired through inheritance or gift). 
• Consult With Professionals: Working with financial advisors, appraisers, and attorneys can help to ensure the accurate valuation and appropriate disclosure of assets and debts. 

Speak to an Illinois Divorce Attorney Today for Help With Property Division

At SAM LAW OFFICE LLC, our Illinois divorce lawyer is standing by, ready to work for your rights and interests. If you have any questions about listing debts and assets for divorce, we can help. Call us now or contact us online today for a fully private, no strings attached consultation. Our law firm is located in Rolling Meadows, and we provide divorce representation throughout Northern Illinois.