Which Properties Are Most Difficult to Divide in an Illinois Divorce?

 Posted on January 06, 2021 in Family Law

When a couple chooses to get a divorce, the process of dividing marital assets is likely to cause some conflict. Each party may have personal attachments to certain properties, and while it is sometimes fairly straightforward to reach an agreement that satisfies each person’s needs and wishes, certain kinds of properties are especially complicated. When it comes to dividing these properties, it is helpful to have the guidance of an experienced attorney who can help you protect your interests and avoid financial losses.

3 Properties That May Cause Conflict During a Divorce

Typically, the properties that are hardest to divide are those that have the highest value and that both parties rely on. These may include:

1. Retirement accounts: In Illinois, contributions to retirement accounts that were made during a marriage are usually considered marital property, even if the account is listed in one party’s name or funded through contributions from one party’s paycheck. The necessity of dividing a retirement account can affect both party’s retirement plans, and it can result in significant losses if you are not careful about how you divide it. Many retirement accounts must be divided in accordance with a Qualified Domestic Relations Order (QDRO) to prevent early withdrawal penalties and other tax implications.
2. The couple’s home: A home that you and your spouse shared during your marriage may be your most valuable marital asset, and it also often comes with strong emotional attachments, especially when you have children who feel secure in the home. Many couples try to arrange for one party to keep the home after the divorce, but it is important to keep in mind associated expenses like mortgage payments, utilities, and property taxes, in addition to the home’s value.
3. Businesses: A business bought or founded by either spouse during the marriage is also usually considered property of the marital estate. If one party is more invested in the business and wishes to keep it in the divorce, he or she will likely have to give up other assets to achieve an equitable distribution. A family business in which both parties are involved can be even more complicated, as you may need to arrange for a buyout of one party’s share or determine whether it makes sense to remain co-owners and business partners.

Contact a DuPage County Property Division Attorney

If you are concerned about your property interests and the financial impact of your divorce, the attorneys at Mevorah & Giglio Law Offices can help. We will work with you to reach a fair resolution that prevents you from experiencing excessive hardship. Contact a Lombard, IL divorce lawyer for a free consultation at 630-932-9100.