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Illinois Property Division

During divorce, couples in Illinois have the option of entering into an agreement that determines property division, Illinois alimony and Illinois child custody. The terms the couple agree on are binding, unless the Illinois divorce court determines the agreement unfair.

If property distribution is left up to the Illinois divorce court, property division will be determined by what the divorce court considers fair since Illinois is an equitable distribution state. Illinois divorce courts will consider the following factors in property distribution:

  • Contribution to the acquisition, preservation, increase or decrease in value of property
  • Contribution as a homemaker by one spouse
  • Dissipation of property
  • Property's value assigned to each spouse
  • Length of marriage
  • Opportunity for future acquisition of assets
  • Property appointment is lieu or addition to Illinois alimony
  • Illinois child custody arrangements
  • Age, health, station, occupation, income, vocational skills, employability, estate, liabilities and needs of each party
  • Tax consequences of property division
  • Relevant economic circumstances when property division goes into effect
  • Obligations and rights from a previous marriage
  • Any prenuptial agreements or postnuptial agreements

A local Illinois divorce lawyer can give you advice about negotiating an agreement with your spouse for Illinois property division or how the Illinois divorce court will handle your property division. Connect today by calling 877-349-1310 or filling out an Illinois divorce case review form. Get started on protecting your assets and property.

The above synopsis of Illinois divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Illinois divorce lawyer in your area.

Illinois divorce laws were last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.