How you divide what you own — and what you owe — is one of the most important parts of any divorce. In Illinois, property division follows a principle called equitable distribution, which is worth understanding clearly.
Equitable does not mean equal
Illinois divides marital property equitably, meaning fairly, which is not always the same as a strict 50/50 split. Courts consider a range of factors — such as each spouse's circumstances, contributions to the marriage, and economic situation — when a case goes before a judge. In mediation, you and your spouse decide together what “fair” means for your family, which is often better than leaving it to a court.
Marital vs. non-marital property
Generally, property acquired during the marriage is marital property subject to division, while property one spouse owned before the marriage — or received individually by gift or inheritance — may be non-marital. The distinction can get nuanced, especially when separate and marital assets have been mixed together over the years.
Don't forget the debts
- Mortgages, loans, and credit card balances are divided too.
- Retirement accounts often require careful, correct handling.
- The family home involves both value and practical logistics.
- Taxes can change the true value of what each side receives.
- Illinois uses equitable distribution — fair, not necessarily equal.
- Marital property is divided; some pre-marriage or gifted property may not be.
- Debts are divided alongside assets.
- Deciding together in mediation usually beats leaving it to a judge.