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What to expect when the court divides your property in a divorce

On Behalf of | Aug 31, 2020 | Family Law

Property distribution is among the most vital topics when going through a divorce. Perhaps this is because the distribution could affect several areas of your life, not just financial matters. Child arrangement issues, how your living situation may look in the future and even retirement all stand to be impacted by this stage of your divorce.

So, what can you expect from an Illinois court regarding property division?

Defining equitable distribution

Well, Illinois is an equitable distribution state. This means that family court judges will approach the division of your marital assets and properties based on perceived fairness, making it an especially pertinent issue for divorcing spouses with high-value assets. Judges consider a variety of matters to decide this, including:

  • The length of your marriage
  • Custody arrangements
  • Contributions to the overall value of the property

Can you prove you significantly contributed to the upkeep and improvements of a marital vehicle? It is possible you may get the car or truck in the divorce. Do you have full custody of your kids? You may wind up with the family home. Of course, this all depends on the circumstances surrounding your divorce and whether the properties in question are, in fact, marital property.

What is marital property, exactly?

In Illinois, marital property is all property that either spouse acquired during the marriage. Non-marital property, often referred to as separate property, includes property acquired before or after the marriage, gifts and inheritances and any property excluded as part of a marital agreement. However, classifications may not always be so easy to determine.

Your attorney can help you get an accurate idea of how your valued properties may divide in the marriage.