What is Marital Property in an Illinois Divorce? 

 Posted on March 31, 2025 in Uncategorized

Determining what happens with marital property is a significant source of stress in most Illinois divorces. Marital property is the assets and debts that are subject to property division during the divorce process. The state adheres to an equitable distribution rule, meaning that marital assets and debts are divided fairly and justly. Understanding how marital property is defined is essential for navigating your divorce effectively.

If you have marital property questions, an experienced Illinois divorce attorney at Roberts PC can provide a free consultation today.

Illinois Marital Property Division 

According to the Illinois Marriage and Dissolution of Marriage Act, marital property is all property, assets, and debts that either spouse accumulated from the marriage date until the separation or divorce date. Potential marital property that may be subject to property division includes: 

• The family home and other residential or commercial real estate

• Vehicles

• Joint bank accounts

• Retirement accounts

• Businesses

• Debts, such as mortgages and credit card balances

Exceptions exist for non-marital property, which includes assets acquired before the marriage, inheritances, and gifts received by one party even if that happened during the marriage, assuming they were kept separate. Other potentially separate property can include anything that was excluded in a valid prenuptial agreement.

How Is Marital Property Divided?

Marital property division starts with determining and valuing every asset and debt. Divorce courts consider multiple factors to determine an equitable asset split, such as:

• The duration of the marriage 

• Each party’s financial contributions to the marriage, including raising children and maintaining the home

• Each party’s economic circumstances

• The children’s financial needs

For instance, suppose you earned $100,000 more yearly than your ex-spouse, who raised the children. In this case, the divorce court could award your spouse a more significant portion of the marital estate to balance the income disparity. Illinois law’s focus for asset division is on fairness, not a 50/50 split.

What If Assets are Commingled?

A typical complication in divorce arises when marital and non-marital property are commingled. For example, if your spouse uses their family inheritance to purchase the family home, the inheritance may be subject to asset division. Businesses that were created during the marriage are usually considered marital property, but their valuation and division can be complex.

The court may require the couple to sell the asset. This happens commonly with things like a marital home. When that happens, the proceeds are divided and can be done so in a way to compensate for other assets given to one party over the other. Always consult an experienced Illinois divorce attorney for help with complex asset division situations.

Speak with a Wheaton, IL Divorce Attorney Today 

If you are going through a divorce and worried about property division, you cannot afford to try to handle it on your own. You need knowledgeable legal advice. At Roberts PC, we assist divorcing clients by fighting for a fair division of marital assets.

Call a DuPage County, IL divorce lawyer for a free consultation today at 630-668-4211. We know how vital our availability is to our clients, so they are provided with their attorney’s cell phone number and email address for rapid assistance.