{"id":373120,"date":"2016-03-31T21:35:11","date_gmt":"2016-04-01T02:35:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-marital-property-laws.html"},"modified":"2024-06-12T12:05:07","modified_gmt":"2024-06-12T17:05:07","slug":"illinois-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-marital-property-laws.html","title":{"rendered":"Illinois Marital Property Laws"},"content":{"rendered":"\n
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Illinois Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Illinois, like most states, is an equitable distribution state. In a divorce or legal separation, all marital property gets divided fairly, but not always equally. In Illinois, all property acquired during the marriage becomes a marital asset.<\/p>\r\n

A few states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) are community property<\/b><\/a> states. In these states, courts divide marital property 50\/50 in a divorce. While equitable distribution states<\/a> differ in property classification, all use similar factors when dividing the marital estate.<\/p>\r\n

If the parties have a prenuptial or postnuptial agreement, Illinois courts will follow the parties\u2019 property division during the divorce proceeding. Otherwise, the judge must decide the property classification and allocation.<\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

In general, all property acquired during the marriage is marital property<\/b><\/a>. There\u2019s a presumption that couples intend this property to be part of the marital estate. Marital property can include:<\/p>\r\n