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Dividing property in a divorce can be challenging, especially when complex assets are involved. At Reich, Jumbeck, Stole & Reeb, LLP, our attorneys assist clients in Will, Kendall, DuPage, and Grundy counties with the division of marital assets. Below is an explanation of what constitutes a marital asset and the factors the court considers when dividing them.
With our extensive experience and strategic approach, we empower our clients to move forward confidently, securing their best interests and laying the foundation for a new chapter in their lives.
What Is Marital Property?
In a divorce, only marital property may be considered for division. The law generally defines marital property as assets acquired during a marriage.
Some common marital properties include:
- Business assets and property
- Cars, motorcycles, and other vehicles
- A primary household, vacation home, and other real property
- Checking, savings, and retirement accounts
- Personal property such as office equipment and computers
Some assets that a court may not consider as marital include items obtained before marriage, property excluded by an agreement, inheritance, and some types of gifts.
What The Court Considers During Allocation
Many factors can go into marital property division, including but not limited to:
- Spousal maintenance (alimony) agreements
- Marriage length
- Each spouse’s current economic circumstances
- Each spouse’s vocational skill and opportunity for future asset acquisition
- The age of each spouse
- Health considerations
- The property values assigned to each spouse
- Obligations from a previous marriage
- The role each spouse played in acquiring and preserving marital property
- Contributions as a homemaker
- Child custody agreements
- The value of the family home
- The tax consequences of assets
In Illinois, asset division in a divorce must be equitable, not equal. This means that property may not be a 50-50 split but rather based on the circumstances of the marriage and divorce. Because the meaning of equitable is malleable, your choice of divorce representation can have a large effect on your division of marital property.