Illinois follows the precept of equitable distribution, not group property, for marital property in divorce proceedings. Which means marital property is split pretty, not essentially equally. For instance, whereas a 50/50 cut up is widespread, a choose would possibly award a bigger share to 1 partner based mostly on elements like contributions to the wedding, financial circumstances, and the wants of every celebration.
The excellence between equitable distribution and group property is critical for {couples} residing in or shifting to Illinois. Understanding how marital property are handled beneath state regulation is essential for monetary planning, prenuptial agreements, and potential divorce proceedings. Traditionally, many states, significantly within the West and Southwest, adopted group property legal guidelines based mostly on Spanish and French authorized traditions. Illinois, nonetheless, has all the time adhered to the separate property system, evolving into the present equitable distribution mannequin.