How Does Illinois Law Define Marital Property in Divorce?

 Posted on March 27, 2025 in Asset Division

The division of property can be a stressful and contentious part of separating, regardless of whether you are dealing with a contested or amicable divorce. State law determines how assets are divided, and Illinois is an equitable division state.

Unlike community property states, assets are not divided straight down the middle. Instead, property division is based on how you and your spouse contributed to assets before and during the marriage, as well as the unique details of your situation. You may be entitled to keep more than you know, and a DuPage County, IL divorce attorney can explain what constitutes equitable division.

What Is Considered Marital Property in Illinois?

According to Illinois law, property acquired during the marriage is marital property. This means it is subject to equitable division during a divorce. Examples of potential marital property include but are not limited to the following:

• The home you lived in during the marriage

• Any real estate or vehicles purchased while you were married

• Household items, including furniture and appliances

• Savings and retirement accounts you contributed to during the marriage

• Investments and pensions

• Life insurance policies

These assets are commonly accumulated during a marriage. However, under specific circumstances, they could be considered non-marital assets. For example, if you made an investment during your marriage with money you inherited and kept separate from your spouse, that investment could be a non-marital asset. These nuances of the law are not uncommon in an Illinois divorce, which makes hiring a legal representative important.

What Is Considered Non-Marital Property?

Non-marital property generally refers to anything acquired prior to marriage. It also includes assets inherited by or gifted to one spouse before or during the marriage. Any income produced by non-marital property or separate assets that increase in value also belongs to the spouse who originally obtained it.

The line between marital and nonmarital is not always this clear. For example, when both parties take ownership of a non-marital asset, it becomes marital. Similarly, if, during your marriage, you add to a retirement account that you created before the marriage, the account then becomes a shared asset.

What Can Complicate the Division of Assets?

Complex assets can complicate a divorce, particularly when the divorce involves high net worth. Businesses, intellectual property, stocks and bonds, and collections of value are only a few examples of assets that can create an intricate web of marital and non-marital property. Sometimes spouses forget to include accounts or other property, or worse, they may intentionally hide them to avoid lawful division. Without a skilled and well-practiced legal representative to help track and identify hidden or complex assets, you risk losing a claim to property that is rightfully yours.

Contact a DuPage County, IL Divorce Lawyer for a Free Consultation

Many elements can contribute to the complexity of divorce. Longer marriages tend to result in a more substantial asset portfolio, and the question of what belongs to whom is not always easy to answer. At Andrew Cores Family Law Group, our Wheaton, IL divorce attorney can answer the more difficult questions and explain what rightfully belongs to both of you. Call 630-871-1002 to schedule a free consultation and take the first step toward rebuilding your life after divorce.