Property Distribution During a Divorce

 Posted on May 23, 2012 in Family Law

Each state determines how property is distributed when a couple is divorced. The property is divided into marital property and non-marital property, and then split between the two parties.

In Illinois, property is distributed equitably, but not necessarily equally, between the individuals. Marital property includes anything that was acquired after the date of marriage and before the legal dissolution of the marriage or legal separation, with several exceptions. These include gifts and property that has been acquired through descent, or exchange for such property, or anything that both parties have agreed not to group as marital property.

When going through the divorce process, couples can determine the division of property outside of a courtroom. An experienced and caring Illinois divorce attorney can mediate a discussion between the two parties to split property. Without the help of an attorney, these discussions can get ugly.

A judge will take several things into consideration when dividing marital property. For example:

• The length of the marriage
• The value of the marital property
• Contributions of both parties to the value of all marital and non-marital property, including contribution as a homemaker, stay at home parent, or financial contributions.
• Obligations to a prior marriage from both or either party
• Pre or post nuptial agreements
• Needs of any children
• Both parties age, health, occupation, income, skills, and needs

Whether you need to take your case to court or you and your family are working things out outside of the courtroom, a caring Illinois divorce lawyer will help the divorce process go smoothly. An attorney is an objective person who has your best interests at heart.