Illinois Divorce Property Division

System
Equitable Distribution
Division Standard
Judge decides what's fair
Governing Law
750 ILCS 5/503

What the Law Says

Illinois courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Illinois divides marital property without regard to marital misconduct in just proportions under 750 ILCS 5/503(d), which enumerates twelve factors. Each spouse's non-marital property is assigned to that spouse and is not divided. Marital property is owned in common by the spouses, vesting at the commencement of the proceeding (§503(e)), and the court may set a valuation date as appropriate (§503(f)).

Division Factors (750 ILCS 5/503)

What Illinois courts weigh:

  1. Each party's contribution to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker, whether the contribution was made after commencement of the proceeding, and any decrease attributable to an advance from the marital estate (750 ILCS 5/503(d)(1))
  2. Dissipation by each party of the marital property, subject to the statute's notice-of-intent conditions and time limits (750 ILCS 5/503(d)(2))
  3. Value of the property assigned to each spouse (750 ILCS 5/503(d)(3))
  4. Duration of the marriage (750 ILCS 5/503(d)(4))
  5. Relevant economic circumstances of each spouse when the division becomes effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having the primary residence of the children (750 ILCS 5/503(d)(5))
  6. Any obligations and rights arising from a prior marriage of either party (750 ILCS 5/503(d)(6))
  7. Any prenuptial or postnuptial agreement of the parties (750 ILCS 5/503(d)(7))
  8. Age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties (750 ILCS 5/503(d)(8))
  9. Custodial provisions for any children (750 ILCS 5/503(d)(9))
  10. Whether the apportionment is in lieu of or in addition to maintenance (750 ILCS 5/503(d)(10))
  11. Reasonable opportunity of each spouse for future acquisition of capital assets and income (750 ILCS 5/503(d)(11))
  12. Tax consequences of the property division upon the respective economic circumstances of the parties (750 ILCS 5/503(d)(12))

Common Questions

Illinois: community property or equitable distribution?

Equitable distribution. Under 750 ILCS 5/503, the court divides marital property based on what is fair in the circumstances — there is no fixed or presumed percentage split.

What factors does a Illinois court weigh?

The factors Illinois courts weigh include: Each party's contribution to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker, whether the contribution was made after commencement of the proceeding, and any decrease attributable to an advance from the marital estate (750 ILCS 5/503(d)(1)); Dissipation by each party of the marital property, subject to the statute's notice-of-intent conditions and time limits (750 ILCS 5/503(d)(2)); Value of the property assigned to each spouse (750 ILCS 5/503(d)(3)). The full list, with its source (750 ILCS 5/503), is above.

Does Illinois split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Illinois's equitable distribution rules on your actual assets and debts.

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Source: 750 ILCS 5/503 AI draft · Full law library entry