How Does Illinois Divide Property in a Divorce?

August 18th, 2025 by Tiffany Hughes

Understanding Asset Division in an Illinois Divorce

One of the most important and often most complicated parts of any divorce is the division of property. In Illinois, this process involves identifying, valuing, and fairly distributing both marital assets and non-marital assets according to the rules set forth in the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”).

What Is an Equitable Distribution State?

Illinois is considered an equitable distribution state, which means that the court will divide marital assets in a way that is fair—not necessarily equal. This is different from a community property state, where assets are generally split 50/50. Instead, Illinois courts consider a variety of factors to ensure that the asset division in an Illinois divorce reflects fairness based on the couple’s unique circumstances.

What Counts as Marital vs. Non-Marital Assets?

Marital assets include most property and debts acquired by either spouse after the date of marriage and before a legal separation or divorce judgment. This includes income, real estate, vehicles, retirement accounts, investments, and even debts—which means dividing debt in a divorce is just as important as dividing property. On the other hand, non-marital assets generally include:

• Property acquired before the marriage
• Gifts or inheritances received by one spouse
• Property excluded by a valid prenuptial or postnuptial agreement
• Property acquired after a legal separation

So, what happens to the property I owned before marriage in a divorce? Typically, property owned before marriage remains that spouse’s non-marital asset, unless it was commingled with marital funds (for example, by adding a spouse to the title or using marital money to pay down a mortgage). Similarly, the answer to the question, “Is inheritance considered marital property in Illinois?”, is generally no—unless it was intentionally or inadvertently converted into a marital asset.

How Does the Court Divide Marital Assets?

 When determining a fair divorce settlement, Illinois courts consider many factors under the Illinois Marriage and Dissolution of Marriage Act, including but not limited to:

• Each spouse’s income, occupation, and earning potential
• The length of the marriage
• Each party’s contributions to the acquisition, preservation, or increase in value of the marital or non-marital estate
• Age, health, and employability of each spouse
• Custodial arrangements for any children
• Any valid agreements between the parties (e.g., prenuptial agreements)

Notably, Illinois is a no-fault state, which means that the court does not consider misconduct (such as infidelity) when deciding how to divide property. In other words, bad behavior generally does not affect who gets what in the final divorce settlement.

Dividing Debt in a Divorce

Just like assets, debts incurred during the marriage are typically considered marital property—even if they are only in one spouse’s name. That means credit card debt, loans, and mortgages will be divided as part of the overall property division process. However, if a debt is proven to be tied solely to one spouse’s non-marital asset (such as a business owned before the marriage), the court may assign responsibility accordingly.

If you’re facing a divorce, it’s essential to understand how the court may handle your property, debts, and financial future. From identifying non-marital assets to advocating for a fair division of marital assets, every detail matters in reaching a just divorce settlement. Because asset division in an Illinois divorce is governed by complex legal standards and financial considerations, it’s highly advisable to work with an experienced family law attorney.

Need More Information or Representation?

If you are getting a divorce in Illinois, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is going through a divorce in Illinois, who want an advocate to ensure a fair division of marital assets and non-marital assets, who have questions like “how does Illinois divide property in a divorce?” or “what happens to the property I owned before marriage in a divorce?”, who are concerned about dividing debt in a divorce, or who want a trusted legal team to help them navigate asset division in an Illinois divorce under the principles of equitable distribution set forth in the Illinois Marriage and Dissolution of Marriage Act.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois