What Assets Get Divided in an Illinois Divorce?

 Posted on July 18, 2025 in Divorce

When a marriage ends, dividing property is often one of the most emotional and complicated parts of the process. In Illinois, property division is not as simple as splitting everything in half. The law requires a careful analysis of what belongs to the marital estate and what does not, and for couples with significant or complex assets, the process can become even more challenging.

DuPage County, IL divorce attorney Jessica Sendek has extensive experience with high-asset and complex divorces. Understanding how Illinois law treats property division can help you prepare for what lies ahead.

Marital Property vs. Non-Marital Property in Illinois

Illinois is an equitable distribution state, which means that property is divided fairly, but not necessarily equally, between spouses. The first step is to determine which assets are marital property and which are non-marital property.

Marital property generally includes assets and debts acquired during the marriage. It does not matter which spouse’s name is on the title or account. This can include income earned by either spouse, retirement savings accumulated during the marriage, real estate bought with marital money, and debts like credit card balances or loans.

Non-marital property includes assets that belong to one spouse alone. These may include property owned before the marriage, gifts or inheritances received by one spouse during the marriage, and assets specifically excluded by an enforceable prenuptial or postnuptial agreement. However, if non-marital property has been commingled with marital assets – for example, by depositing inheritance funds into a joint account — it may become subject to division.

How Illinois Courts Divide Property

Once marital property is identified, the court considers a list of factors under 750 ILCS 5/503(d) to determine how to distribute it equitably if spouses cannot reach an agreement on their own. These factors include:

• The length of the marriage

• The contributions each spouse made to acquiring and preserving the marital estate, including non-financial contributions like homemaking and child-rearing

• Each spouse’s economic circumstances and earning capacity

• Whether one spouse will have primary custody of minor children and require the use of the family home or other relevant assets

For high-asset divorces, additional issues can arise, such as business valuations, stock options, and complex investment portfolios. Missteps in identifying, valuing, or dividing these assets can result in one spouse walking away with far less than they are entitled to under the law.

Understanding how judges are likely to divide your marital property can help you set reasonable expectations for negotiations. Realistically, very few divorces ever reach the point of full-fledged courtroom litigation; even in cases that are heading in that direction, judges will typically take a look at the facts of the case and give a preview of how they are likely to rule, and then encourage spouses to negotiate accordingly.

Common Challenges in Complex Divorces

Dividing property in a high-asset divorce often requires careful investigation and expert assistance. Some common challenges include uncovering hidden assets, valuing closely held businesses, and determining whether certain property was commingled.

Attorney Sendek understands the financial stakes in these cases and works closely with financial professionals, appraisers, and forensic accountants to ensure a full and accurate picture of the marital estate.

Contact a DuPage County, IL Divorce Lawyer

If you are going through a divorce and have concerns about dividing property, speak with the Wheaton, IL divorce attorney at Hensley Sendek Law. We offer free consultations and can help you protect your financial future during and after your divorce. Call 630-358-9029 today to get started.