Created by FindLaw's team of legal writers and editors | Last reviewed April 20, 2018
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When you and your spouse bought that gorgeous dining room set, you weren't thinking about which of you would get it if you ever got divorced. But if you live in one of the many states that don't have marital or community property laws on the books, you could end up arguing over it in front of a judge. So which states recognize community property and which don't? And absent a community property law, how do Illinois courts decide who gets the couch?
All property obtained by a married couple during the course of their marriage is considered "marital property" and subject to division upon divorce in some states. Ten states have community property laws that determine how debt and property are divided in a divorce: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Louisiana, Washington and Wisconsin. In states that recognize community property, even items obtained individually (but during the marriage) are subject to division along these lines. Illinois marital property laws do not recognize community property, which means property is not necessarily divided down the middle.
A significant part of legal comprehension is understanding every detail of any given statute. But you can't underestimate the use of a plain language explanation as a meaningful tool to understanding the law. The chart below contains a summary of the marital property laws in Illinois.
Statute |
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Marital Property Presumption |
For distribution purposes, all property acquired after the marriage and before a judgment of dissolution is presumed marital property. |
Equitable Distribution |
Absent a statue requiring equal distribution of marital property, Illinois courts attempt to divide property in a divorce "equitably" (fairly, but not necessarily equally). Some factors the court may consider are:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Going through a divorce is tough enough, without the added stress of separating property. The assistance of an experienced lawyer can help make a difficult process much easier; and keep in mind that the other party likely will have legal representation as well. If you are going through a divorce or separation, it's typically in your best interests to work with an experienced, local family law attorney.
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