Illinois Info

Illinois Divorce Start Your Divorce Find Professionals Illinois Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Illinois Products Divorce by County

Illinois Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Divorce Coaching Financial Planning Mediation Parenting Property Division SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Illinois Divorce Support Illinois Divorce Online

Alimony and Property Distribution FAQs
What property is subject to distribution?

Illinois law distinguishes between "marital" and "nonmarital" property. Only marital property is subject to equitable redistribution. The wealth or property acquired after a marriage ceremony is marital property unless:

  • it is acquired by gift or inheritance;
  • it is acquired in exchange for premarital property;
  • it is acquired after legal separation (note that property acquired during physical separation and prior to legal separation is still presumed to be marital property);
  • it is excluded by agreement;
  • it is obtained by judgment against the other spouse;
  • it represents an increase in value of other nonmarital property;
  • it is income from other nonmarital property; or
  • for stock options, the work which earned them was performed prior to marriage.

Property acquired before marriage, but in contemplation of marriage is also deemed to be marital property.

When is "nonmarital" and "marital" property converted to the other?

During a marriage, marital and nonmarital property is often mixed. Significant "sweat equity" may also be added to increase the value of the nonmarital property.

The following principles apply to redistribution at divorce:

  • Conversion by gift: When one spouse makes a gift of nonmarital property to the marriage, the gift is converted to marital property.
  • Contribution and reimbursement: In the clear absence of intent to make a "gift," contributions from nonmarital to nonmarital property, are reimbursable at divorce. However, the increase in value in value and the income received from the mixed property remains marital property.

The above principles of gift, contribution, and reimbursement also apply to transfers from marital property and effort to nonmarital property.

What factors are weighed in determining property distribution?

Marital property shall be divided equitably. That is the key standard. The following factors are weighed:

  • the contribution of each party in acquisition of marital property;
  • the dissipation of property by one party;
  • the value of nonmarital property;
  • the duration of the marriage;
  • the relevant economic circumstances of each spouse;
  • obligations and rights from previous marriages;
  • any valid agreement of the parties;
  • the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of the parties;
  • the custodial provisions for children;
  • whether maintenance or alimony is awarded;
  • the reasonable opportunity of each spouse to acquire capital following the divorce; and
  • the tax consequences to each party.

One should note that marital misconduct is usually not a relevant factor. It only becomes a relevant factor if it included dissipation of marital property; then equitable principles would favor the innocent spouse.

When is one entitled to alimony or maintenance?

Alimony or maintenance may be awarded on a temporary or permanent basis on consideration of the following factors:

  • The income and property of each party.
  • The needs of each party.
  • The earning capacity of each party.
  • The impairment of earning capacity due to time spent doing domestic duties.
  • The time necessary to increase earning capacity of a party.
  • The marital standard of living.
  • The marriage duration.
  • The age and health of the parties.
  • The tax consequences of other property distribution.
  • The contributions of the party seeking maintenance to the career of other party.
  • Any valid agreement by the parties.

One should note that marital misconduct is not a relevant factor. One will observe that the Court examines the financial situation of both parties.

Was this helpful? Like our site & let us know.

Related Articles

Start Illinois Divorce Start Your Illinois Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Illinois Divorce Find Illinois Divorce Professionals in Your Area:
Join the Network
Illinois Divorce Products, Services and Solutions Illinois Divorce Products, Services and Solutions
Illinois Divorce Resources to Help You Through the Process.
Online Parenting Class Illinois Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Illinois Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for an Illinois Divorce


Settle Your Divorce Negotiate Your Illinois Divorce


Support Forum Illinois Support Forum

[an error occurred while processing this directive]
Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"