Illinois IL AI draft

Methodology

Equitable distribution

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

The following factors are commonly evaluated under Illinois law:

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))

Statute / Authority

Citation: 750 ILCS 5/503 ↗

Source: https://www.ilga.gov/legislation/ilcs/ilcs.asp

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Citation

750 ILCS 5/503

Source URL

https://www.ilga.gov/legislation/ilcs/ilcs.asp

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Reference Library

Illinois Property Division

Illinois follows equitable distribution under 750 ILCS 5/503. The court divides marital property without regard to marital misconduct in just proportions after weighing twelve statutory factors — each spouse's contribution (including as a homemaker) and any dissipation; the value of property assigned to each; the duration of the marriage; each spouse's economic circumstances including the family home for the children's primary residence; obligations from a prior marriage; any pre- or post-nuptial agreement; each party's age, health, station, occupation, income, skills, employability, estate, liabilities, and needs; custodial provisions; whether the apportionment is in lieu of or in addition to maintenance; future acquisition opportunity; and tax consequences. Non-marital property is assigned to its owner and excluded from division; marital property is owned in common and vests at the commencement of the proceeding.

Citation: 750 ILCS 5/503

Source: https://www.ilga.gov/legislation/ilcs/ilcs.asp

Last updated: 2026-07-23T00:37:19.670069