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LJN NewslettersNewsSectionsThe Matrimonial Strategist

How Property Is Divided in an Illinois Divorce Case

BY Burton Hochberg
August 26, 2009

If you follow the tabloids and Hollywood divorces, you might mistakenly believe that property is automatically divided 50/50 in a divorce. While that it is true in community property states like California, it is not true in Illinois. That state, like New York, is an equitable distribution state, which means marital property is divided in “just proportions,” not necessarily 50/50. In deciding what is just proportions, the court considers myriad factors, including, but not limited to, each spouse's contribution to the marital estate, homemaking contributions, waste of property, length of marriage, debt obligations, age and health, custodial provisions for children, and tax consequences. In short, there is not much that the divorce court is not required to consider in dividing property in just proportions. Significantly, the division of property does not turn simply on which party made the most financial contributions to the marriage. Non-financial contributions, such as homemaking and child-rearing activities, may be equally important, especially in long-term marriages.

How the Division Works

In the division of the marital estate, most judges appear to start with an internal mind set of “why shouldn't this be a 50/50 division?” and then let the lawyers argue why their client should get a disproportionate division. In Illinois, there have been reported cases where an equitable division of property has resulted in a 90/10 division in favor of one spouse, or even 100% and zero. It is a fact-specific determination, but the vast majority of the cases are within the 50/50 to 60/40 range.

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