Question By: Illinois follows the equitable distribution model for dividing marital property during a divorce. Unlike states with a strict 50-50 split, equitable distribution ensures fairness based on a variety of factors. Assets acquired during the marriage are considered marital property, while assets owned before the marriage, as well as gifts or inheritances, are classified as non-marital property. However, complexities arise when assets like inheritances are commingled with marital property or when disagreements emerge about the value and ownership of specific items.
The law also requires full disclosure of all assets, which can become challenging if one spouse attempts to hide income or mismanage marital funds. Dissipation claims, for example, address the misuse of marital assets for non-marital purposes, such as gambling or extramarital expenses. Courts carefully evaluate factors like the duration of the marriage, each party’s financial contributions, and the custodial needs of children when determining property allocation.
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