Illinois Property Division: Just Proportions
Illinois is an equitable distribution state: the court assigns each spouse’s non-marital property to that spouse and divides the marital property, without regard to marital misconduct, in just proportions considering all relevant factors, with no equal-split presumption.
Equitable distribution, not community property
The IRS describes the nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Illinois is not one of them. In its disposition of property, the court assigns each spouse’s non-marital property to that spouse and divides the marital property without regard to marital misconduct in just proportions considering all relevant factors (750 ILCS 5/503(d)).
No equal-division presumption
The statute does not say what “just proportions” are, and it does not presume an equal split. A court can award one spouse 60% or 70% of the marital estate if the facts justify it, or divide the assets equally.
Misconduct is not a factor
The court divides marital property without regard to marital misconduct. Conduct that wastes marital property can matter through the dissipation factor, which is about money, not fault in the marriage.
Debts
Marital debts are allocated along with marital assets in just proportions. Enter each spouse’s marital debts in the calculator so they reduce the marital estate.
Property and maintenance
Whether the division is in lieu of or in addition to maintenance is one of the factors, and the property apportioned is the first factor for maintenance. See the factors and non-guideline awards for maintenance.
Documents to gather
Deeds, titles, account and retirement statements, loan balances, tax returns and business records with dates acquired, and any premarital agreement.
Test a split
The Illinois property division calculator starts at an equal share and lets you test other shares and the equalizing payment each one implies.
Frequently asked questions
Is Illinois an equitable distribution state?
Yes. The court divides marital property in just proportions considering all relevant factors.
Can an Illinois court divide property unequally?
Yes. The statute sets no percentage or presumption.
Are debts divided in an Illinois divorce?
Yes, marital debts are allocated in just proportions with the marital assets.
Is misconduct considered in Illinois property division?
No, the court divides marital property without regard to marital misconduct.
Who divides property in an Illinois divorce?
The circuit court, applying 750 ILCS 5/503.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.