The Courts Divide All Property 50/50 in Illinois, Right?

DuPage County Lawyers Explain Property Division

When getting divorced, one of the most important issues to address will be how your marital property will be divided between you and your spouse. In many cases, divorcing spouses expect their assets to be divided exactly in half, with each party receiving an equal share. However, Illinois law does not require an equal split, and spouses are often surprised to learn that they could end up with less than half of their marital property. Understanding exactly how the law addresses the division of marital property is crucial to ensure that you can complete the divorce process successfully.

According to Illinois law, courts in divorce cases must divide property based on what is equitable and not on an equal or 50/50 basis. There are many factors that are considered by the court when addressing these issues, and our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help explain what you need to know in regard to your property being divided following your divorce. We can advocate on your behalf throughout the divorce process, helping you reach agreements that will be fair and equitable and ensuring that you will have the financial resources to support yourself in the future.

What Is Equitable Division of Marital Property?

When the law says "equitable," it means what is fair under the circumstances of the divorce. Factors the court may consider include the non-marital property of each party, the age and health of each party involved, as well as the income of you and your ex-spouse. Depending on these factors, property division may involve 60/40 or 70/30 splits or possibly even all property being allocated to one of the spouses. Although this is not always the case, there have been instances where courts have come to the conclusion that 50/50 or equal division of property turns out to be what is fair and equitable for both parties. According to Illinois law, it does not matter what happened to cause the divorce, such as "marital misconduct." The courts do not divide property or debts based on whether either spouse was responsible for the end of the relationship. Instead, they will look at each spouse's circumstances, their financial resources, their ongoing needs, and any other relevant issues to determine an outcome that will be as fair as possible for both parties. In general, the only forms of misconduct that may be considered will involve the dissipation of marital assets, which occurs when one spouse uses marital property for their own personal purposes that are unrelated to the marriage. Dissipation must have occurred after a couple's marriage had begun to break down beyond repair, and it may include using money to have an affair, to pursue addictions, or to make purchases that would only be used by one spouse rather than any other family members. It may also include purposely wasting money or destroying property in an attempt to hurt the other spouse. When making decisions about how much property will go to each spouse, the court may consider whether one of the spouses has financial commitments to a previous spouse or children from a different relationship. Decisions about child custody may also play a role in dividing property, such as by ensuring that a parent who will have most of the parenting time will be able to continue living in the family home.

Contact a DuPage County Property Division Lawyer

There are a number of factors that can play into the division of property during your divorce. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC to set up an appointment with our attorneys. We can guide you in making decisions on property division, parental responsibility, spousal maintenance, or any other divorce-related legal questions you may have. Our office is located in Wheaton, Illinois, and we have assisted families for decades in the DuPage, Kane, and Kendall County areas. Call us at 630-665-7300 so that we can get started on your case today.