Illinois Property Distribution Laws

Illinois Property Distribution Issues & Resources

Illinois Property Distribution

In an Illinois divorce, all marital property is divided equitably based upon the following factors: 
  • the contribution of each spouse to the acquisition or dissipation of the marital property, including the contribution of each spouse as homemaker or to the family unit; 

  • the value of each spouse's non-marital property; 

  • the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse having custody of the children;

  • the length of the marriage;

  • the age and health of the spouses; 

  • the occupation of the spouses; 

  • the amount and sources of income of the spouses;

  • the vocational skills of the spouses;

  • the employability of the spouses;

  • the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; 

  • the federal income tax consequences of the court's division of the property; 

  • any premarital agreement;

  • liabilities of the spouses;

  • whether the property award is in stead of or in addition to maintenance; and

  • any custodial provisions for the children. Marital fault is not considered in dividing marital property.

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