Property Division

Chicago, Illinois Divorce Lawyer – Property Division

Serving residents of Cook, DuPage, Kane, Kendall and Lake Counties
The division of property during a divorce can be difficult and it is important to make sure that all property is included. In Illinois, marital property, or property acquired by the parties during the course of the marriage, is divided equitably and in just proportions after the consideration of several factors.

Non-marital property, classified as property acquired before the marriage, acquired by gift or inheritance, property acquired in exchange for property acquired by gift or inheritance, property acquired by a spouse after a judgment of legal separation, increase in value or income derived from non-marital property, shall be assigned to the owner of said property.

Classification or property as marital or non-marital may become an issue, especially if property is mixed or commingled. After the property has been classified, the property needs to be valued.

When the court is helping to divide marital property, the court tries to make an equitable division, which takes into account a variety of factors. Factors that are taken into account can include how long the marriage lasted, what each spouse contributed to the marriage, non-marital property of each spouse and what the age and health are of each spouse. Courts in Illinois are not allowed to include fault for the divorce in how they divide property.

In order to ensure that your property is divided fairly in the case of a divorce, you need experienced divorce attorney, Martin Osinski to help protect your legal rights.
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