The Basics of Equitable Distribution in Illinois

 Posted on November 04, 2026 in Asset Division

When you are going through a divorce, it is reasonable to wonder how you and your spouse will divide the property that you have accumulated during the course of your marriage. For many couples, in fact, disputes regarding the division of assets are among the most contentious in the entire divorce process. If you and your spouse are not able to reach an agreement regarding your property, the court will rely on provisions in the law to determine which of you will be receiving what.

At A. Traub & Associates, our Lombard, IL divorce lawyers have over 100 years of total experience, which means we can provide you with confident representation in property division. We can help you understand what factors will guide the judge’s decision as we work toward an ideal result.

Is Property Divided Equally in Illinois Divorces?

Illinois is an equitable distribution state, which means there is no legal presumption that marital property should be divided equally. Rather than a guaranteed 50/50 split, equitable distribution holds that the marital estate must be divided in a manner that is reasonable and fair, based on the circumstances of the marriage and divorce. This means that every situation is unique and must be considered individually by the court.

What Do Judges Consider for Equitable Distribution in 2026?

The Illinois Marriage and Dissolution of Marriage Act provides a list of factors that the court will take into account when dividing marital property. These considerations include, but are not limited to:

• The contributions of each spouse to the acquisition and value of the marital estate
• Each spouse’s age, health, employability, resources, and economic circumstances
• Provisions being made for the couple’s children, if applicable
• Whether property is being awarded in place of or in addition to maintenance (alimony)
• Any previous obligations for support or maintenance for either spouse
• The length of the marriage
• Expected tax implications
• Any claims of dissipation, or wasted assets, made by either spouse
• The terms of a valid prenuptial or postnuptial agreement

It is important to realize that contributions to the marital estate also include those of a spouse taking on the role of homemaker or stay-at-home parent. The efforts of a stay-at-home parent, for example, may be seen as vital to the other spouse’s ability to earn a substantial income in his or her field.

Does Fault for the Divorce Affect Equitable Distribution?

The reason a marriage ended does not decide how property is split in an Illinois divorce. Illinois is a no-fault state. The only ground for divorce is irreconcilable differences, so neither spouse has to prove the other did something wrong. State law also tells judges to divide marital property without regard to marital misconduct.

An affair, harsh words, or years of conflict will not earn one spouse a larger share of the house or the savings account. This can be hard to accept. Many people feel hurt or betrayed when a marriage falls apart, and it is natural to want the property division to reflect that pain. However, the court’s role in dividing property is to look at finances and fairness, not to punish anyone. A judge will focus on the factors listed above, such as income, health, and each spouse’s contributions.

Bad behavior can still matter in other parts of a divorce. For example, conduct that puts a child at risk may affect decisions about parenting time. Property division stays focused on fairness and financial need.

What Is Dissipation?

Dissipation is the waste of marital assets by one spouse for a purpose that has nothing to do with the marriage. To qualify as dissipation, the spending must happen while the marriage is breaking down. A spouse who drains a joint account to fund an affair is a clear example. Other examples include gambling losses, expensive gifts to a new partner, or selling a car or boat for far less than it is worth.

Normal spending is usually not dissipation. Paying the mortgage, buying groceries, or covering medical bills is part of daily life. The issue is money used for one spouse’s sole benefit after the relationship has started to fail.

Illinois has specific rules for these claims. A spouse who believes dissipation took place must give formal notice before trial. There are also limits on how far back in time a claim can reach. Once a claim is made, the accused spouse may need to show what the money was spent on and why. Bank statements, credit card records, and receipts often play a key role.

If the court finds dissipation, the judge can make up for the loss. This often means awarding the other spouse a larger share of the remaining property.

Is It Better to Negotiate a Property Agreement Outside of Court?

Negotiating a property agreement outside of court works well for many couples, but the right path depends on the details of each divorce.

Time is often the first concern with litigation. A contested trial can take many months, or even longer, as the court calendar fills up. Spouses who reach an agreement through negotiation or mediation can often finish much sooner. That allows both people to move forward with their lives.

Cost is closely tied to time. Trials require more court dates, more legal work, and sometimes expert witnesses like appraisers or accountants. A settlement can lower those expenses and leave more of the marital estate for the spouses themselves.

Control may be the most important factor of all. In a trial, a judge makes the final decisions. In a negotiated agreement, the spouses decide who keeps the house, the car, or the retirement account. A judge will still review the agreement, but courts usually approve terms that are fair.

Still, negotiation is not always possible. A spouse may hide assets, refuse to share financial records, or make unreasonable demands. In those cases, going to court may be the best way to protect a fair outcome. Our attorneys can help you weigh both options and choose the approach that fits your situation.

Contact Our DuPage County, IL Divorce Lawyers

If you are considering a divorce and have questions regarding how marital property is identified and divided during the process, contact an experienced Lombard family law attorney. Call 630-426-0196 or contact our Lombard, IL property division attorneys today to schedule a consultation. Our knowledgeable team will help you find the answers you need and provide the responsible, affordable representation you deserve. Let us show you how we can assist your family during a difficult time.