Property Division
How is property divided in an Illinois divorce?
Illinois divides marital property equitably, which means fairly — not automatically 50/50. The court weighs factors like the length of the marriage, each spouse's contributions (including as a homemaker), each spouse's economic circumstances, and parenting arrangements. In practice, many cases land near an equal split, but the law does not require one.
How are retirement accounts divided in a divorce?
Retirement accounts are divided as part of the property division process. The marital portion is subject to division, while any non-marital portion may be kept by the original owner if it can be traced. Many retirement plans require a separate court order, such as a QDRO, to divide the account correctly and avoid unnecessary tax problems.
What counts as marital property?
Generally, everything either spouse acquired during the marriage is marital property — income, homes, retirement contributions, businesses, vehicles, and debts — regardless of whose name is on it. Non-marital property includes what you owned before the marriage and what you received individually by gift or inheritance, as long as it was kept separate.
Does it matter whose name the house or account is in?
Usually not. Title does not control in Illinois — a house bought during the marriage is typically marital property even if the deed is in one spouse's name, and the same goes for bank accounts, vehicles, and retirement accounts.
Is my spouse entitled to my inheritance?
An inheritance you received individually is non-marital property — if you kept it separate. Depositing it into a joint account, using it to pay down the marital mortgage, or otherwise mixing it with marital funds can convert some or all of it into marital property. If you've received or expect an inheritance, how you handle it matters, and it's worth getting advice before the funds move.
Who gets to keep the house?
There's no automatic answer. Common outcomes include one spouse keeping the home and buying out the other's share (often by refinancing), selling the home and dividing the proceeds, or — less often — one spouse staying temporarily, for example until the children finish a school year. What's realistic depends on the equity, the mortgage, and whether one spouse can afford the home alone.
What happens to a business in a divorce?
A business started or grown during the marriage is generally marital property, at least in part, even if only one spouse runs it. It has to be valued — sometimes with a professional valuation — and the value is usually addressed by offsetting it against other assets rather than forcing a sale or making ex-spouses business partners.
How are debts divided?
Debts acquired during the marriage are divided equitably just like assets, regardless of whose name is on the card or loan. One caution: a divorce judgment binds you and your spouse, not your creditors — if your ex is ordered to pay a joint credit card and doesn't, the creditor can still pursue you. Structuring the judgment to protect against that is part of doing property division well.
What if I think my spouse is hiding money or spent it on someone else?
Both have remedies. The discovery process lets us obtain financial records, trace transfers, and, where needed, involve forensic accountants. And Illinois recognizes dissipation claims — if a spouse spent marital funds for a purpose unrelated to the marriage while it was breaking down, such as on an affair or gambling, the court can charge that spending against their share.
Who keeps the pets?
Illinois law treats companion animals differently than furniture. For marital pets, the court can allocate ownership — solely or jointly — and is required to consider the animal's well-being. In most cases, though, this is something couples work out by agreement.
Does fault, like an affair, affect who gets what?
No. Illinois courts divide property without regard to marital misconduct — an affair doesn't reduce anyone's share. The exception is financial: if marital money was spent on the affair, that spending can come back as a dissipation claim.