Illinois Property Division Factors and Dissipation
Illinois courts divide marital property in just proportions after weighing each party’s contributions, including as a homemaker, dissipation, the value assigned to each, the length of the marriage, economic circumstances including the family home, maintenance, future opportunities and tax consequences.
The list of factors
The court divides marital property in just proportions considering all relevant factors, including (750 ILCS 5/503(d)): each party’s contribution to the acquisition, preservation or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit; the dissipation by each party of the marital or non-marital property; the value of the property assigned to each spouse; the duration of the marriage; the relevant economic circumstances of each spouse when the division takes effect, including the desirability of awarding the family home to the spouse with whom the children will live; any obligations from a prior marriage; any premarital agreement; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party; the custodial provisions for any children; whether the apportionment is in lieu of or in addition to maintenance; the reasonable opportunity of each spouse for future acquisition of capital assets and income; and the tax consequences of the property division.
Contributions and the homemaker
Contribution is not only money: a spouse’s work as a homemaker or for the family unit is a listed contribution. Keep records of what each spouse did for the household and for the other spouse’s career.
Dissipation
Dissipation is the use of marital property for the sole benefit of one spouse for a purpose unrelated to the marriage at a time when the marriage is undergoing an irretrievable breakdown. When a court finds dissipation, it can charge the amount against the spouse’s share. Keep statements that show large transfers or spending.
The family home
The desirability of awarding the family home, or the right to live in it for a reasonable period, to the spouse with whom the children will live is part of the economic circumstances factor. The calculator’s equalizing payment can show what a buyout would cost.
Taxes
The tax consequences of the property division are a factor. Retirement accounts and brokerage assets with built-in gains are not worth the same as cash, so compare after-tax values.
Questions to bring to an attorney
Ask whether to keep the home or take an equalizing payment, how a retirement plan handles a court order and whether dissipation is an issue.
Try the calculator
The Illinois property division calculator lets you test shares and the equalizing payment.
Frequently asked questions
What factors does Illinois consider for property division?
Contributions, dissipation, the value of property assigned, the duration of the marriage, economic circumstances, prior obligations, premarital agreements, age, health, income and needs, custody, maintenance, future opportunities and tax consequences.
What is dissipation in Illinois?
Use of marital property for the sole benefit of one spouse for a purpose unrelated to the marriage while the marriage is breaking down.
Does a homemaker’s work count in Illinois?
Yes. A spouse's contribution as a homemaker or to the family unit is part of the contribution factor.
Can the Illinois court award the family home to the parent with the children?
The desirability of awarding the family home to the spouse with whom the children will live is part of the economic circumstances factor.
Do taxes matter in Illinois property division?
Yes, the tax consequences of the property division are a factor.
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.