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Property division laws differ significantly among states during a divorce. This information seeks to offer a fundamental understanding of the process of property division in an Illinois divorce case.
Illinois is an equitable distribution state, which implies a fair distribution of assets, not necessarily a 50/50 split.
In Illinois, marital property includes all property and income acquired by either spouse during the marriage, regardless of whose name is on the title.
Non-marital property, also known as separate property, in Illinois refers to assets that are not part of the marital estate and therefore not subject to division by the court during a divorce. The spouse who owns the non-marital property will retain that property after the divorce.
The court divides marital property in an Illinois divorce in a way that is equitable, meaning fair based on the circumstances of the marriage, although not necessarily equal. Non-marital property remains with the spouse who owns it.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503), marital property generally includes:
Separate property in Illinois includes property:
In Illinois, debts and liabilities are also divided during a divorce and are classified as either marital or non-marital, depending on who incurred the debt and when. If a debt is deemed non-marital, the spouse who incurred it is solely responsible for it after the divorce. If the liability is marital, the court may allocate repayment responsibility between the spouses or order the sale of marital assets to satisfy the debt.
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