home services divorce marital property vs. individual property

Marital Property vs. Non-Marital Property in Chicago Divorce


Chicago Lawyers Assist With Property Division Matters

Marital property can be several things, such as land, money, and debt. However, not all things acquired during a marriage until the date of separation are marital or joint property.

During the divorce proceedings, a court will investigate the value of both spouses’ property. In the state of Illinois, courts will usually accept a "reasonable" property division if the parties agree to a decision, but a judge must make a judgment if the divorcing spouses cannot agree. The Illinois Circuit Court will divide the marital estate following a trial in a Judgment of Divorce.

Back to Top

How Does Illinois Divide Property in Divorce?

In some states, marital property is known as community property and a judge will divide it equally after divorce. This is not the case for Illinois, which has an equitable system of property division. Equitable does not mean equal or dividing property in half, but means dividing the couple’s assets in a way the court considers fair.

Illinois is also a dual classification state. This means a court will separate marital property from individual (non-marital) property in its judgment without regard to marital conduct.

Back to Top

What the Court Considers

A judge will look at when the couple’s property was acquired, how the property was acquired, and if the property has appreciated or depreciated in value during the marriage. For example, a house acquired before marriage by one person is that person’s non-marital property and stays non-marital property, unless the owner chooses to place the other spouse’s name on the property title, or uses the other spouse’s funds for house upkeep.

Property is also considered non-marital property if it was given as a gift or inherited by one spouse only. This is the case if the individual who inherited the property does not place the other spouse’s name on the title, or use common funds to maintain the house.

In awarding a family home, the judge will consider who has the ownership right to live in the home.

Back to Top

Other Considerations

While timing of property acquisition is important, there are other considerations. The contributions of each spouse toward property acquisition and the caretaking of the property, including contributions of either spouse as a homemaker, are essential to property division.

The judge will consider the duration of the marriage; each spouse’s age, health, occupation, ability for employment; ability to acquire vocational skills; and possible sources of income. The judge will also consider any obligations resulting from a prior marriage. An example of this would be a spouse who has child support to pay from a previous relationship.

While property division in divorce is a state matter in Illinois, there may be federal tax consequences of the property division. After divorce, spouses may have equal tax burdens, but unequal means to pay the taxes owed. If you are looking at a divorce and worried about the outcome, you should seek the help of the competent Chicago divorce attorneys at Nottage and Ward, LLP. For a comprehensive and sensitive consultation, call (312) 332-2915.

Back to Top

Additional Information

Little Black Pearl The Business of ArtWe are proud sponsors of Little Black Pearl Art and Design Center.

To learn more, click here.

Friends of the Chicago RiverProud Member of Friends of the Chicago River.

To learn more, click here.

Client Reviews

Five Stars5 Leslie has been the strongest representation I could ask for

Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
-

Read More Client Reviews

Avvo Top Contributor Family Law - Jeffrey Knipmeyer
Avvo Top Contributor Divorce Law - Jeffrey Knipmeyer