Just as with financial assets, a judge in Illinois divides physical marital property as fairly as he or she sees best fit under Illinois divorce laws. The judge will consider many factors. Below are some examples:
- Contribution of each spouse to the acquisition of marital property
- Contribution of each spouse to the increase or decrease in value of marital property
- Economic resources of both spouses
- Age and health of each party
- Vocational skills and employability of either spouse
- Projection of economic conditions of both spouses following division of marital property
- Reasonable opportunity for acquisition of capital by either spouse
- Rights of either spouse arising from a previous marriage
As you can see, the economic condition of either party can play a major role. This means the court may divide a larger portion of marital assets, including bank accounts and mutual funds to the lower-earning spouse.
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