Divorce and Property Division in Illinois
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Property Settlement Agreement.
750 ILCS 5/502(a)
The property settlement agreement that the parties submit to the court will be accepted unless the court finds the settlement agreement to be unconscionable.

What is Marital or Non Marital Property.
750 ILCS 5/503(a)
"Non-marital property" is defined by Illinois laws as:

1. Property acquired by gift, legacy, or descent;

2. Property acquired in exchange for property acquired before the marriage, or acquired by gift, legacy, or descent;

3. Property acquired by a spouse after a judgment of legal separation;

4. Property excluded by valid property settlement agreement of the parties;

5. Any judgment or property obtained by judgment awarded to a spouse from the other spouse;

6. Property acquired before the marriage;

7. The increase in value of property acquired by any of the above methods, whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise; and

8. Income from property acquired by a method listed above, if the income is not attributable to the personal effort of a spouse.

Everything else, including property acquired before the final divorce decree is entered, is considered "marital property." 

Property Division Guidelines.
750 ICLS 5/503(d)
Each spouse's non-marital property is awarded to the spouse who it belongs to. The division of marital property is done without regard to marital misconduct, considering the following relevant factors:

1. The contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit;

2. The dissipation by each party of the marital or non-marital property;

3. The value of the property assigned to each spouse;

4. The duration of the marriage;

5. The relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;

6. Any obligations and rights arising from a prior marriage of either party;

7. Any antenuptial agreement of the parties;

8. The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;

9. The custodial provisions for any children;

10. Whether the apportionment is in lieu of or in addition to maintenance (alimony);

11. The reasonable opportunity of each spouse for future acquisition of capital assets and income; and

12. The tax consequences of the property division upon the respective economic considerations of the parties.

Learn more about general property division in divorce or common ways to divide your property.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to...
General Illinois Divorce Laws
Alimony Laws in Illinois
Illinois Child Custody Laws
Illinois Child Support Laws
Divorce and Property Division Laws in Illinois

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Illinois statutes. You can find the full-text version of these and other Illinois divorce statutes online here: Illinois Divorce Laws.