Generally, in Illinois, each spouse is entitled to half of the marital property. However, a court can award property in "just proportions" after considering a variety of factors.
It may surprise you, but "marital misconduct" is not one of those factors. A court will not punish a cheating spouse through a marital property award. However, if your spouse’s misconduct meant gambling away or wasting your assets, then a court may consider that behavior, subject to certain guidelines. (See related post http://childcustodylawyerchicagoil.blogspot.com/2012/12/my-spouse-is-spending-all-our-money-new.html .)
Other factors a court may assess include each party’s contribution to an asset. Did you use individual funds to buy the asset? Or did you contribute your labor to your spouse’s individual property? In that case, you may be entitled to some reimbursement.
Courts can also look at how children fit into the property picture. Did you contribute to the marriage by staying home with the children? If you are getting primary custody, should your share include the marital home? Should you be given a greater share of property as a substitute for alimony (now known as maintenance)? How well equipped is each party to make a future living?
Courts look at legal obligations. Did you sign a prenuptial agreement specifying the property division? Do you pay child or spousal support to a prior marriage? What are the tax consequences to each party in dividing the property?
Other facts include the age, health, employability, debts and needs of each party. An elderly spouse or one with a serious illness might need a greater share of the property.
The issue of marital property can be extremely tricky with many land mines along the way. If you have questions about marital property issues, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light to ensure that you get your fair share.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
