When a marriage ends, dividing property can be one of the hardest parts of the process. It’s not just about who gets what—it’s about understanding what belongs to each person and what was built together during the marriage. In Illinois, the law tries to make sure everything is divided fairly. However, fair doesn’t always mean equal.
Below, we break down how property is divided during divorce in Illinois and what you should know to protect your rights.
What Counts as Shared or Separate Property?
Before anything can be divided, it’s important to know the difference between marital property and non-marital property.
- Marital property includes anything earned or acquired during the marriage. This could be a home, savings accounts, cars, or even a business started while married.
- Non-marital property refers to assets one spouse owned before the marriage or received as a gift or inheritance. If these assets weren’t mixed with marital property, they may remain with the original owner after divorce.
However, things get tricky when assets are mixed. For example, if one person owned a house before marriage but both spouses paid the mortgage later, part of that home may be considered shared property. Because of this, property classification often needs legal help to sort through the details.
How Illinois Courts Decide What’s Fair
Illinois follows a rule known as equitable distribution. This means the court aims to divide property fairly, not necessarily equally. A 50/50 split is not guaranteed.
Judges look at several things when deciding what’s fair:
- How long the couple had been married
- Each person’s income and future earning ability
- Contributions to the marriage (including as a stay-at-home parent)
- Any agreements, like a prenup
- Who will take care of the children?
- Whether one spouse wasted or hid money
Each divorce is different, so the judge looks at the big picture to find a fair outcome for both sides.
Who Gets the Family Home?
The house is often the biggest asset—and sometimes the most emotional. If both names are on the deed and it was bought during the marriage, it’s likely marital property.
There are a few possible outcomes:
- One spouse keeps the home and buys out the other
- The house is sold, and the money is divided
- The parent with primary custody stays in the home for the children’s stability
Courts may consider who can afford to keep the home, who’s been living there, and how moving would affect any kids involved.
Dividing Retirement Funds and Pensions
Pensions and retirement accounts are often part of the property division process. Even if only one spouse earned the benefit, the part that was earned during the marriage is usually shared.
Illinois courts often use something called a Qualified Domestic Relations Order (QDRO) to divide these accounts properly. This allows each person to get their fair share without early withdrawal penalties or tax issues.
It’s important to get accurate values for these accounts, especially if they include stock options, bonuses, or matching contributions.
Steps to Keep Your Property Safe
If you’re heading toward divorce, it’s natural to worry about losing important assets. While you can’t hide or move property once the process starts, there are steps you can take to protect what’s yours.
- Keep clear records of what you owned before marriage
- Avoid mixing personal assets with shared finances
- Don’t make big financial moves without talking to a lawyer
- Gather paperwork related to your bank accounts, property deeds, debts, and investments
Working with a lawyer early on can help make sure your non-marital property is correctly identified and protected.
Tips for Reaching a Fair Agreement
Not every divorce ends in a courtroom fight. Many couples can reach a property settlement on their own or through mediation.
Here are a few strategies to help:
- Make a full list of everything you and your spouse own and owe
- Be honest about your financial situation
- Focus on what matters most—not every item needs a battle
- Try mediation if you can’t agree, but want to avoid court
- Get legal advice so you understand your rights before signing anything
With the right guidance, many couples find solutions that meet both their needs without long court battles.
Final Thoughts
Dividing property during a divorce in Illinois can be stressful and confusing. From deciding what’s considered marital property to valuing complex assets like retirement plans or a family business, each step requires care and clarity.
Because Illinois uses equitable distribution, what’s fair depends on your unique situation. A trusted divorce lawyer can help explain your rights, handle the paperwork, and protect your financial future.
Speak with Chicago Family Lawyers Today
Dividing property during a divorce isn’t just about numbers—it’s about your future. If you’re in Chicago and need help navigating your divorce, Chicago family lawyers can give you clear guidance and protect your interests. Don’t leave your financial future to chance—get the support you deserve.
📞 Call now to schedule your consultation with a Chicago family law attorney.
Frequently Asked Questions
- What is considered marital property in Illinois?
Marital property includes anything acquired by either spouse during the marriage, such as income, homes, cars, and retirement accounts. Even if only one spouse’s name is on the title, it may still be considered marital property. - Can non-marital property become marital property?
Yes. If non-marital property is mixed with marital assets, like depositing inherited money into a joint account, it may be considered marital. This is known as “commingling” and can affect how the court divides the assets. - Will the court split everything 50/50 in an Illinois divorce?
Not always. Illinois follows equitable distribution, which means the court divides property fairly, but not necessarily equally. The judge considers various factors to decide what’s fair. - How are debts divided during divorce?
Debts are divided just like assets. If a debt was taken on during the marriage for shared benefit, it’s usually considered marital. Courts may assign responsibility based on who is more financially able to pay or who benefited more from the debt. - Do I need a lawyer to handle property division?
While it’s not required, working with a family lawyer is strongly recommended, especially when valuable assets like real estate, retirement accounts, or businesses are involved. A lawyer can help protect your rights and avoid costly mistakes.
