Learn How does a court split up property in a divorce? Illinois is called an “equitable distribution” state, meaning that when a couple divorces, their marital property must be fairly divided. The parties can reach a fair agreement regarding the division of property or can ask the judge to make a ruling on the matter. The court first determines whether property is marital or non-marital property. Non-marital property includes property that was acquired before marriage, by gift, by inheritance or subject to a prenuptial or postnuptial agreement. Then, it determines a fair distribution of property based on several factors, including the following: • Each party’s contribution to the marriage, including economic and non-economic contributions • The extent that any party wasted the marital estate • The value of each party’s non-marital estate • The economic situation and earning power of each spouse • Whether the primary custodian of the children wants to retain the marital home •...
