How Is Property Divided According to Illinois Divorce Law?

 Posted on June 10, 2026 in Main

In an Illinois divorce in 2026, property will be classified as "marital" or "non-marital." The marital property will then be divided between the spouses in a way that the court considers fair.

Knowing what is likely to be divided can help you set your expectations appropriately. It can also help you understand what documents you may need to have available during the division process. The more property you have, the more complex your divorce may be, but our DuPage County, IL divorce attorneys can help.

What Counts as Marital Property in an Illinois Divorce?

Marital property is typically whatever you and your spouse acquired during your marriage (750 ILCS 5/503(a)). The most common marital property includes:

• Income either spouse earned during the marriage
• The marital home and other real estate
• Retirement accounts and pension contributions made during the marriage
• Vehicles, furniture, and personal belongings
• A business started while married, or one that has grown since the marriage
• Debts, such as credit cards, mortgages, and loans

Whether only one spouse made the money that paid for an asset is not always relevant in property division. The same is true of certain debts accrued by one spouse and not the other.

What Property Is Considered Separate in an Illinois Divorce?

Non-marital property will stay with the spouse to whom it belonged before the marriage. Common examples are property or income that one of you had from before the marriage. Gifts and inheritances given specifically to you also typically are not divisible. Anything you purchase with these funds is also likely to remain yours.

What counts as separate property may become muddled because of something called "comingling." Commingling occurs when personal funds are mixed with marital funds. A car purchased partly with marital funds and partly with personal funds, for example, will likely be considered marital property. A business that was started before the marriage but funded with marital income may also be partly marital property.

To keep an asset separate in a divorce, you may need clear records that show that it has not used marital funds at any point.

How Does an Illinois Court Decide Who Gets What During Property Division?

To decide what is fair to each spouse, the court will assess several variables about the couple’s situation. Some of these include:

• How long the marriage lasted
• Each spouse's contribution, including unpaid work within the home
• The economic circumstances each spouse will face after the divorce
• Whether one spouse wasted marital money (known as "dissipation")
• Each spouse's age, health, and future earning ability
• Tax consequences associated with the division of certain assets

Stay-at-home parents or spouses who earned little income over the course of the marriage may worry that they will receive less during property division. Illinois courts recognize that a spouse who works full-time is often able to do so because of the support of a partner who manages the home. These spouses should know that they will not generally be penalized during property division for their lack of an official employment work history.

What if My Spouse Intentionally Spends Down Marital Accounts Before Property Division Begins?

If one spouse wasted or intentionally spent down marital funds, the court may compensate the other spouse out of the marital estate. This means that one other spouse may be awarded extra assets to make up the difference in what the other spouse spent.

The spending of marital funds is considered dissipation when it clearly doesn’t benefit the marriage. Asset dissipation may take many forms. Unnecessary expenses like jewelry or luxury cars, expensive gifts for a new partner, or extravagant personal vacations are a few examples.

If you believe that your spouse is committing asset dissipation, speak to your lawyer about it. Keep any records, such as bank statements or receipts, of the unnecessary expenses.

What Can I Do to Protect My Property During an Illinois Divorce?

Staying organized will help you throughout the entire divorce process. Property division relies heavily on records of how money was used during the marriage. Gather statements for every bank account, retirement plan, and debt that you are aware of. Get copies of records showing when and how you acquired any separate property. Avoid moving money around or making large purchases that could look like dissipation.

You never want to hide assets. Financial dishonesty during divorce proceedings has legal consequences if the court finds out. It will also damage your credibility and may result in more property being apportioned to your spouse.

Call a Wheaton, IL Divorce Attorney Today

There is no need to approach the property division phase of your divorce with anxiety or uncertainty. The DuPage County, IL divorce lawyers at [[title] will help you through the entire process, from the valuation of your assets to the final settlement offer. MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb County for client convenience.

To schedule your initial attorney meeting, call 630-665-7300 today.