Is marital property always split 50/50 in divorce?

On Behalf of | Jul 12, 2024 | Divorce

In Illinois, marital property includes assets acquired during the marriage. This can range from homes and cars to bank accounts and retirement funds. It’s not always split 50/50; the division depends on various factors, including each spouse’s contribution and future financial needs. The state’s equitable distribution model aims for fairness rather than equality.

Factors influencing property division

Courts consider many factors when dividing marital property. These include the duration of the marriage, the economic circumstances of each spouse, and any agreements made before or during the marriage. The goal is to achieve a fair and equitable distribution. Other considerations might include the age, health, and earning potential of each spouse.

Special considerations for high-asset divorces

High-asset divorces often involve complex financial portfolios, including investments, businesses, and properties. These cases require careful evaluation to ensure all assets are fairly divided. Professional appraisers and financial experts often play a key role in this process.

Alternatives to court division

Couples can choose mediation or collaborative divorce to decide on property division. These methods allow for more control over the outcome and can be less adversarial. Mediation, in particular, encourages open communication and mutually agreeable solutions. Collaborative divorce involves each spouse having their own attorney, working together to reach a settlement.

Planning for the future

Dividing marital property requires careful consideration and often professional guidance. Understanding the factors that influence division can help couples navigate this complex process. Proper planning and clear agreements can also set the stage for future financial stability and cooperation.