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Marital Versus Non-Marital Property in St. Clair and Madison County Illinois Divorce Cases

In Madison and St. Clair County Illinois divorce cases as well as in counties throughout the State of Illinois, Illinois is an equitable distribution state.

This means that unless a settlement is reached in regard to dissolution of marriage proceeding and if matters are ruled upon by the Court, the Court will take into consideration non-marital property in regard to awarding or dividing marital property.

Non-marital property can mean property acquired before the marriage or property with respect to which each party came into the marriage, or before the date of the marriage.

Marital property can mean assets, or property rights, acquired an/or accumulated by the parties after the date they were married.

As an equitable distribution state in arriving at a decision as to how to aware marital property, the presiding Court can take into consideration, among other factors, the non-marital property that each party came into the marriage with, which, may or may exist as of the date of the Judgment of Dissolution of Marriage.


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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.
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