Is Property Divided Equally in Illinois Divorces?

 Posted on June 18, 2025 in Divorce / Family Law

Some people envision divorce as a clean 50/50 split of assets. For some people, this is an ideal outcome, but for others, it might mean financial ruin. You may be surprised to learn that "50/50" divorces are not the rule in Illinois. Instead, judges treat every case individually, considering a number of different factors. An Illinois divorce attorney can advocate for your fair share of marital property to protect your future interests.

Property division should be handled delicately. At Loire Krajniak Law, LLC, we will tailor our approach to suit your needs, whether that means negotiating for a settlement or representing you in court.

What Does Equitable Distribution Mean?

Illinois is an equitable distribution divorce state – and equitable does not always mean "equal." Rather, the judge will work to ensure that the division of property is fair by considering many different factors, such as:

• The length of the marriage

• Whether either spouse intentionally squandered assets

• The value of the property being divided

• Each spouse’s economic circumstances

• Each spouse’s age, health, and employability

• The allocation of child custody

Since Illinois does not allow for fault-based divorces, you cannot petition for a greater share of property if your spouse committed adultery or mistreated you. At Loire Krajniak Law, LLC, we can help you get an accurate accounting for your marital estate and negotiate for a favorable division of assets on your behalf.

How Are Debts Handled in a Divorce?

Many people are shocked to find out that they may be held responsible for their ex spouse’s debts. Common examples of marital debt include credit card bills, auto loans, and mortgages.  These debts are treated like any other asset in a divorce, meaning that they will be divided fairly, rather than a clear 50/50 split.

If you rush through property division, you could be exposed to liability from your partner’s debts. An attorney can argue for a reasonable split that does not leave you overburdened. Our firm can help you refinance your debts to better suit your needs in your divorce.

Advantages of a Prenuptial or Postnuptial Agreement

Property division can be unpredictable. Until you finalize your divorce decree, there is no reliable way to guess how your assets will be allocated. By signing a prenuptial or postnuptial agreement, you can cut out some of that uncertainty from your divorce.

If you want to divide your assets down the middle, you can draft a written agreement with your spouse to designate how those assets should be divided. Prenuptial and postnuptial agreements are highly flexible, so as long as you and your spouse both agree, you can allocate the marital estate however you see fit. That being said, the judge still has the final say, and he or she can veto an agreement if it is unfair to one party.

Meet With an Oswego, IL Property Division Lawyer

Not all divorces end with a 50/50 division of property. At Loire Krajniak Law, LLC, our Kendall County, IL family law attorney can represent you in negotiations about your marital estate. Call our offices at 630-448-2406 for a complimentary consultation.