How is property of the marriage divided in Illinois?

Illinois is an equitable distribution state.  “Equitable” means “fair,” not “equal.” It may be more equitable, given the state of the marriage and the conditions of the spouses, for the majority of the property to go to the husband, instead of the wife, or vice versa.

Sometimes equitable distribution results in an equal division, or a very close approximation of an equal division. There are a number of factors, which play into determining what is equitable in each individual case. For example, the Court will look at whether one spouse will be receiving support from the other, the ability of each spouse to earn income and the ability of each spouse to accumulate assets in the future. There are other factors that the Court will consider as well.