Illinois Property Division Worksheet
Divide Marital Property
Illinois is not a community property state, where everything would be split down the middle and instead works by “equitable distribution“. This means that a judge will take any number of factors into account including income, debts, age, employability and many others to determine how to best divide the assets. Any assets acquired before the marriage that remained separate will remain non-marital property as well as any inheritance or anything given explicitly as a gift to you. If you’re ever unsure of the status of any of your assets, you should contact a lawyer to get as clear a picture as possible.
Download our property division worksheet to begin understanding what your property division may look like and what you may need to give up in order to keep the house or your pension.
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Frequently Asked Questions
How do assets get split in a divorce in Illinois?
In Illinois, marital assets are split evenly. However, non-marital assets go to their owner. So, assets are split differently depending on how they are categorized.
Are all assets split 50/50 in divorce?
No, not all assets are split 50/50 in Illinois. Non-marital assets such as inheritances given to one party are not split. But, the asset can become commingled if it is shared between spouses. Non-marital assets that get commingled are split.
What assets cannot be split in a divorce?
Many assets cannot be physically split, so the other spouse gets something of equal value to balance it out. Separately, some assets are not split because they are non-marital assets. Any asset can become commingled if it is not kept apart from the other spouse.
How much is a wife entitled to in a divorce in Illinois?
Both parties are entitled to half of the marital estate. If there is an imbalance of income, one party may also get alimony or child support.