What Leads to Unequal Property Division in Divorce?
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When a marriage ends, one of the most pressing concerns is how to divide the property you have accumulated together. Many people assume a 50/50 split is mandatory, but property division laws vary by state, so that is not always the case. Understanding how property division works in Illinois can be the first step toward protecting your future and navigating this challenging time with confidence.
At Reifman Law Offices, we know that divorce is never easy. With over two decades of experience in Illinois family law, Arkady Reifman is committed to providing knowledgeable and compassionate service to every client, from property division to child custody and beyond.
How is Property Divided in Illinois?
Illinois is an “equitable distribution” state. Under this guideline, marital property is divided in a way that is fair and just rather than a strict 50/50 split. But what does that mean in practice?
First, it is important to distinguish between marital and non-marital property.
- Marital property includes all assets and debts acquired by either spouse during the marriage.
- Non-marital property includes assets you owned before the marriage, as well as any gifts or inheritances you received individually during the marriage, as long as they were kept separate and not mixed with marital assets.
Only marital property is subject to division in a divorce. The court aims for an equitable, not necessarily equal, distribution of a couple’s property in divorce proceedings.
What Are the Reasons for Unequal Property Division?
While an equal split is common in many cases, a judge can decide on an unequal division based on several factors outlined in Illinois law. The court will consider your marriage’s unique circumstances to reach a fair outcome.
Some key factors that can justify an unequal property division include:
- Contributions of Each Spouse: The court evaluates both financial and non-financial contributions.
- Dissipation of Assets: If one spouse wasted or hid marital assets in anticipation of the divorce, the other spouse may receive a greater share of the remaining property.
- Length of the Marriage: In longer marriages, the court may lean toward a more equal division.
- Needs and Economic Circumstances: The court considers each spouse’s age, health, income, and earning potential.
- Parental Responsibilities: The spouse who will have the majority of parenting time may be awarded the family home or other assets to provide stability for the children.
- Spousal Maintenance: If one spouse is receiving alimony (spousal maintenance), it can affect how property is divided.
These factors can allow for a division of property that is unequal yet still, in the eyes of the law, fair.
Can I Argue for an Unequal Division?
You can seek an unequal division of property if you believe the circumstances of your marriage warrant it. To do this successfully, you will need to present clear and compelling evidence to the court that demonstrates why a simple 50/50 split would be unfair.
For instance, if your spouse depleted your joint savings without your consent, you would need to provide bank statements and other financial records to prove this dissipation of assets. Similarly, if you sacrificed your career to support your family, you could present evidence showing how this impacted your earning potential.
A strong case for unequal distribution requires a thorough understanding of Illinois law and careful documentation. Partnering with an experienced family law attorney is crucial to effectively present your argument and protect your financial interests.
Protect Your Property and Your Future
The division of property can be one of the most complex parts of a divorce. While Illinois law aims for a fair outcome, what is considered “equitable” depends entirely on your specific situation. An unequal division is possible when factors like wasted assets, differing economic needs, or significant non-financial contributions come into play.
If you are facing a divorce and are unsure whether your property will be divided appropriately, legal professionals can help. At Reifman Law Offices, we provide the knowledgeable and personalized guidance you need to secure your future. For a free, confidential consultation to discuss your case, contact our firm today.
At Reifman Law Offices,
we will take the weight of dealing with family legal issues off of your shoulders.
Call Us 847-229-8433
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