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How to Divide Property in Illinois After Divorce

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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