Ensure Fair Property Division in Illinois

Illinois is an “equitable division” state. This does not mean that marital property has to be divided 50/50 between the spouses – instead, the statute directs the court to divide marital property equitably or fairly.

Don't let the process of dividing marital property and debt in Illinois, become another source of frustration, anxiety, and grief.

The things we acquire throughout a marriage, often during happier times, can be difficult to deal with. It’s more than just “stuff“, and many of our Illinois divorce clients simply don’t know where to begin.

Fortunately, we can help.

We will walk you through the steps and tools, help you prioritize your finances, debt, and property, and take the time to understand the things in your life that matter the most with a simple plan, built around you, so you can move forward.

Start Dividing Property & Debts Right Now

Get your WI property division worksheet here. Document property, assets, and debts. Think through how you want to equalize your property division, and avoid a lengthy battle in court.

For Immediate help with your family law case or answering any questions please call (312) 757-8082 now!

Property Division Actions

Frequently Asked Questions

Is Illinois a 50/50 state when it comes to divorce?

Illinois is not a 50/50 state when it comes to property division during divorce. Rather, the court divides property differently in each case depending on the exact circumstances. It could be roughly 50/50, but it could also be 60/40 or 70/30.

How is property divided in divorce in Illinois?

Illinois is an equitable division state. This means the court divides property based on what each party deserves. The court looks at factors such as earning potential, prior agreements, and length of the marriage.

What is considered marital property in Illinois?

Marital property is anything bought or earned during the marriage. This also includes anything from before the marriage that became commingled by mutual use.

Can you kick your spouse out of the house in Illinois?

The house is a marital asset owned by both parties. This means that neither party can kick the other out without a court order. Eventually, during the divorce, temporary orders will be made and parties may have to physically separate.

What is a prenuptial agreement?

A prenuptial agreement is a legal document that parties create and agree to before the marriage. This document outlines who gets what in the event of a divorce or separation. This document is tailored to the situation, so each one looks different.

How is debt divided in a divorce in Illinois?

It depends on whether the debt is marital debt or separately owned by one party. If the debt is marital debt, it will be divided between the parties just like a marital asset. For example, debt incurred for a property bought before the marriage is often not split between the parties.