What Issues Can Complicate Property Division in an Illinois Divorce?

 Posted on December 26, 2025 in Divorce / Family Law

When people get married, their lives come together in many ways. That includes money, property, and financial plans. During a divorce, those shared finances have to be untangled. That process can be challenging, especially when a couple earns a high income or owns valuable or complicated assets. If divorce is on the horizon, preparation matters. Understanding what may lie ahead can help reduce stress and lead to better decisions.

At Loire Krajniak Law, LLC, we steer clients in the right direction during property division. Our Kane County, IL divorce lawyer has well over a decade of legal experience, so you can trust her to provide you with strong legal guidance.

Four Things That Can Complicate Asset Division in 2026

Asset division is often one of the most difficult parts of a divorce. Between questions about the ownership and value of different assets, you may find yourself overwhelmed. However, an attorney can help simplify the process with clear guidance, working toward an ideal outcome as you exit the marriage.

Determining What Property Is Marital and What Is Non-Marital

One of the first steps in property division is figuring out what belongs to whom. Marital property usually includes assets and debts acquired during the marriage. This can include income, homes, retirement accounts, and even some business interests. There are exceptions. Property received as a gift or inheritance is often considered non-marital, meaning it belongs to just one spouse.

Non-marital property is sometimes called separate property. It may also include assets owned before the marriage, as long as they were kept separate. Problems can arise when assets are mixed together over time.

If there is no prenuptial or postnuptial agreement spelling this out, sorting through property can feel overwhelming. Records may be incomplete. Memories may differ. This is where legal guidance becomes especially helpful.

Appraising Assets with Unclear or Changing Values

Once property is identified, the next challenge is figuring out what it is worth. Some assets are easy to value. Others are not. Businesses, stock options, retirement benefits, and intellectual property can be difficult to price. Their value may change often or depend on future performance.

Before assets can be divided fairly, they must be appraised. When values are uncertain, this process can take time and careful analysis. Financial professionals are often involved to provide accurate estimates. Patience matters here. Rushing can lead to unfair results.

Finding Hidden Assets and Income

Most people are honest during divorce, but not everyone. Some spouses try to hide assets or income to gain an advantage. This can include leaving accounts off disclosures, downplaying the value of property, or overstating debts. These actions are both unethical and illegal.

Attorneys know how to look for warning signs. During the discovery phase of divorce, lawyers may work with forensic accountants or other experts to uncover hidden information. Bank statements, tax returns, business records, and credit card statements often tell a fuller story than someone expects.

If there is concern that finances are not being disclosed fully, it is wise to start gathering documents early. Having records organized can make a real difference in protecting your interests.

Dividing Debts

Just as you may wish to keep a large portion of marital property, you may also want to avoid debt as much as possible. In a survey of 2,000 people commissioned by National Debt Relief, 54 percent of respondents said that a spouse’s debt is a major reason to consider divorce.

Divorce is not only about dividing property. Debts also need to be addressed. Many people are surprised to learn that debts can be split just like assets. Credit card balances, loans, mortgages, and other financial obligations may all be part of the divorce process.

In general, debts taken on during the marriage are often treated as marital debts, even if only one spouse’s name is on the account. Courts look at why the debt was incurred and who benefited from it. For example, a credit card used for household expenses is usually handled differently than debt tied to one spouse’s personal spending.

It is important to understand that divorce orders do not change contracts with lenders. Even if a court assigns a debt to one spouse, the creditor may still pursue the other spouse if both names are on the account. This is why planning and clear agreements matter. A thoughtful approach can help limit future financial problems.

How Is Asset Distribution Handled in Illinois?

Illinois follows an equitable distribution system for dividing marital property. This means assets are divided fairly, but not always equally. The law governing this process is found in the Illinois Marriage and Dissolution of Marriage Act.

When deciding how to divide property, courts consider many factors. These include the length of the marriage, each spouse’s contributions, the value of the property, and each person’s future earning ability. Courts may also look at agreements between the spouses and whether one spouse stayed home or supported the other’s career.

Separate property, such as certain gifts or inheritances, is usually not divided. Marital property, however, is subject to allocation based on what the court believes is fair under the circumstances. Understanding how this process works can help set realistic expectations and reduce unnecessary conflict.

Contact a Geneva, IL Divorce Lawyer

Property division is often one of the most complex parts of divorce. Emotions run high, and the financial stakes can be significant. Sound advice and steady guidance can make the process more manageable.

For dependable legal support during your divorce, contact Kane County, IL divorce attorney Reese Krajniak. Call Loire Krajniak Law, LLC at 630-448-2406 for a free, confidential consultation.