There are several implications when a marriage ends. One discussion that often leads to intense arguments is deciding on the division of marital properties. When separating couples cannot agree on who gets what property, it could lead to complicated disputes.
Illinois follows an equitable distribution when deciding on property division during a divorce. The state takes a more flexible approach when dividing marital properties acquired throughout a marriage. Factors that the court would consider when deciding on the distribution of assets include:
- The length of marriage: The longer the marriage, the more intertwined their finances and assets are. This leads to a more difficult property division.
- Each spouse’s contributions to the marriage: Not only financial contributions but also homemaking and support given to their spouse.
- The financial circumstances of each spouse: Their income and potential to earn would impact the court’s decision. When one spouse is financially dependent on the other, the court could provide them with more assets to help them move forward in life.
Moreover, Illinois is a no-fault state; this means that the court would not assign blame for the divorce. Even if one spouse caused the breakdown of their marriage, the court would not punish them by giving more property to the other spouse. However, there are some circumstances that could affect property distribution. For instance, when one spouse splurged on nonmarital expenses after their marriage broke down, the court could consider this as dissipation. In this case, the court could ask them to reimburse a percentage of their spending to the other spouse.
The goal of an equitable distribution is to provide a fair distribution of properties among the couple. Thus, every case is different and would probably yield different results. If you and your spouse are facing a divorce, it would be beneficial to have an experienced divorce attorney on your side to ensure you get the property share that you deserve.