Summary of Division of Property in Illinois

Divorce laws regarding property division in Illinois do not presume that property will be divided 50 / 50. Illinois is referred to as an “equitable division” state (as opposed to being a “community property state” as are some other states). This means that property is divided “equitably.” This does not necessarily mean “equal” or 50/50. Its meaning is closer to “fair” and “just.”

All property owned by either spouse may be categorized under Illinois law as either marital property or non-marital property.

“Marital property” means all property acquired by either spouse after the marriage, except the following, which is known as “non-marital property”:

• 1. property acquired by gift, legacy or descent
• 2. property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent
• 3. property acquired by a spouse after a judgment of legal separation
• 4. property excluded by valid agreement of the parties
• 5. any judgment or property obtained by judgment
• 6. awarded to a spouse from the other spouse
• 7. property acquired before the marriage
• 8. the increase in value of property acquired by a method listed in numbers (1) through (6), irrespective of whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise (subject to the right of reimbursement provided in Illinois Statute, Ch. 40, Section 503(c))
• 9. income from property acquired by a method listed in numbers (1) through (7 if the income is not attributable to the personal effort of a spouse

If property is considered to be “marital property” under Illinois law, it is then subject to division between the spouses upon a divorce (dissolution of marriage). Illinois law requires property to be divided equitably, not according to a specified formula.

Factors that courts consider in determining what is “equitable” for purposes of property distribution include: Contribution, Homemaker Contribution, Value of Non-marital Property Assigned, Duration of the Marriage, Relevant Economic Circumstances, Prior Marriages, Agreements, Situational status, Custody of Children, Maintenance, Future Income and Tax Consequences.