The Courts Divide All Property 50/50 in Illinois, Right?
DuPage County Lawyers Explain Property Division
According to Illinois law, courts in divorce cases will divide property based on what is equitable and not on an equal or 50/50 basis. There are many factors that are considered by the court when addressing these issues, and our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help explain what you need to know in regards to your property being divided following your divorce.
When the law says "equitable," it means what is fair under the circumstances of the divorce. Factors the court may consider include the non-marital property of each party, the age and health of each party involved, as well as the income of you and your ex-spouse. Depending on these factors, property division may involve 60/40 or 70/30 splits or possibly even all property being allocated to one of the spouses. Although it is not always the case, there have been instances where courts have come to the conclusion that 50/50 or equal division of property turns out to be what is fair and equitable to both parties.
According to Illinois law, it does not matter what happened to cause the divorce, such as "marital misconduct." The courts do not divide property or debts based on whether either spouse was responsible for the end of the relationship. Instead, they will look at each spouse's circumstances, their financial resources, their ongoing needs, and any other relevant issues to determine an outcome that will be as fair as possible for both parties. In addition, when making decisions about how much property will go to each spouse, the court may consider whether one of the spouses has financial commitments to a previous spouse or children from a different relationship.
Contact a DuPage County Property Division Lawyer
There are a number of factors that can play into the division of property during your divorce. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC to set up an appointment with our attorneys. We can guide you in making decisions on property division, parental responsibility, spousal maintenance, or any other divorce-related legal questions you may have. Our office is located in Wheaton, Illinois, and we have assisted families for decades in the DuPage, Kane, and Kendall County areas. Call us at 630-665-7300 so that we can get started on your case today.