Discount Offer

Get a Fast Uncontested Divorce in Illinois

$159 $179
  • Divorce papers ready to download in 2 business days
  • Step-by-step filing instructions with 24/7 customer support
  • Affordable and convenient service

Online Divorce in Illinois

Do you know the location of your spouse?
Can you and your spouse agree to the division of property, debts and all child related issues?

Or sign up with
Home / Division of Property in a Illinois Divorce

Division of property in Illinois

When couples decide to divorce in Illinois, one of the critical steps in the process is the division of property. Illinois law follows the principle of "equitable distribution" to ensure a fair division of assets and debts.

Unlike community property states, where assets are divided 50/50, equitable distribution looks at several factors to achieve fairness, not necessarily equality.

Marital vs. Separate Property

Marital Property: This includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Common examples include homes, vehicles, bank accounts, and retirement plans.

Separate Property: Assets acquired before the marriage, as well as gifts and inheritances received by one spouse during the marriage, are typically considered separate property. Separate property also includes items protected by a valid prenuptial agreement.

Factors Considered in Equitable Distribution

The courts in Illinois consider various factors when dividing marital property, including:

  • Duration of the Marriage: Longer marriages may see a more equitable division of assets.
  • Contribution to the Acquisition of Property: This includes both financial contributions and non-financial contributions, such as homemaking and raising children.
  • Economic Circumstances of Each Spouse: The court examines each spouse's financial situation, including their earning capacity and future prospects.
  • Custodial Provisions for Children: The needs of children and custodial arrangements can influence the division of the family home and other assets.
  • Age, Health, and Occupation of Each Spouse: These personal factors are considered to ensure that the division of property does not disproportionately disadvantage one spouse.
  • Any Agreement Between the Spouses: Prenuptial agreements or other settlements agreed upon by the spouses can dictate the division of assets.

Division Process

The division process in Illinois involves several steps:

  • Identification of Assets: Determining which assets are marital and which are separate.
  • Valuation of Assets: Assessing the value of marital assets to ensure an equitable division.
  • Distribution: The court divides the assets in a manner that it deems fair, considering the factors mentioned above.

Special Considerations

  • Retirement Accounts and Pensions: Like other marital assets, retirement accounts and pensions are subject to equitable distribution. The portion accumulated during the marriage is considered marital property.
  • Real Estate: The marital home and other real estate properties are significant assets that require careful consideration. The court may decide to award the home to one spouse, especially if children are involved, or order the property sold and the proceeds divided.
  • Debts: Marital debts are divided similarly to assets. The court looks at who incurred the debt and why, along with each spouse's ability to pay.

Equitable distribution in Illinois aims to ensure a fair outcome for both parties in a divorce. Given the complexity of property division, consulting with a legal professional is advisable to navigate the process effectively and protect your interests.

Divorce Process

How Online Divorce in Illinois Works?

Step 1

Qualify for divorce

Confirm our product will work for your situation

Step 2

Provide your case details

Provide the information required through our easy to use questionnaire

Step 3

Get your papers

Review forms and make unlimited changes before finalizing documents

Step 4

File for divorce

Papers come with comprehensive filing instructions

Customer Testimonials
Review icon
Online Illinois Divorce made it so easy for me to finally do something I’ve been putting off for months. Everything was a smooth, easy process. I will be recommending this website to friends and family who I know needs this service. Thank you so much!

Shantina L.
Review stars
Review icon
I enjoyed my experience using this website, I hope people are able to fine a way to use this process when they are going through this trying Time because it benefited me, maybe it can benefit you as well depending on your circumstances

Matthew T.
Review stars
Review icon
I thought I was gonna have a hard time falling for divorce. This has made it very easy and very painless. I’m very appreciative of this website.

Frederick J.
Review stars
Review icon
It was easy to have my forms completed. I was already a little stressed about what to do but this made it much easier.

Elizabeth J.
Review stars
Review icon
Everything went smoothly and easy very helpful. I would definitely recommend this website to everyone who going this time.

Sahntaya H.
Review stars
Review icon
This made filing for our divorce as stress free as possible. It took ten minutes.

Amanda M.
Review stars
Review icon
I’ve been trying to figure out the easiest way to get my divorce paperwork started So thank you all for providing this easy site to complete my request

Marlana S.
Review stars
Review icon
The entire process of deciding to get a divorce and then actually going through with it is very stressful. Since ours was amicable and no fault, this website made the process much less stressful than I anticipated.

Rosalba N.
Review stars
Review icon
Going through a divorce is hard enough so it’s great that this platform has made the actual process so much easier. It takes away the confusion and simplifies it all!

Jasmine K.
Review stars