Property Division

An Aggressive Chicago Divorce Attorney Who Will Help You Through Property Division Issues

Illinois courts do not necessarily divide up marital property equally (50/50) upon the dissolution of a marriage. Instead, the court will consider a number of factors and split up the marital assets according to what is “equitable.” If you are involved in a divorce proceeding or anticipate that you will soon be, it is critically important that you secure the assistance of an experienced Chicago divorce attorney in order to ensure that your rights are fairly represented throughout the divorce process.

How do Illinois Courts Divide up Marital Assets?

As mentioned above, Illinois courts use principles of equitable division when determining who gets what in a Chicago divorce proceeding. A few of the factors that the court will consider when making the equitable-division decision are:

  • The length of the marriage;
  • The value of each spouse’s individual property;
  • The child custody arrangements;
  • Any prenuptial agreement entered into before the marriage;
  • The earning potential of each spouse;
  • Any sacrifice that either spouse has made in favor of the other spouse’s career;
  • Each spouse’s contribution to the marital assets;
  • The needs of each spouse;
  • The age and the physical, mental, and emotional health of each spouse; and
  • Either spouses “waste” of marital assets.

What is Subject to Equitable Division in an Illinois Divorce?

Any marital property is subject to equitable distribution. Marital property, simply defined, is all property that “belongs” to the marriage. This includes almost all assets acquired while the marriage was in effect. Some assets remain with the spouse that brought them into the marriage. These are called non-marital assets. A few examples of non-marital assets are:

  • Assets owned by one spouse prior to entering into the marriage
  • Any asset that was acquired by one spouse by exchanging or selling a non-marital asset.
  • Any gift given to, or left to one of the spouses.
  • Income derived from non-marital assets.
  • Property acquired by one spouse after separation.
  • Any judgment awarded to one spouse from the other spouse.

Comingling of Funds and Transmutation of Assets

If one spouse comingles non-marital assets with marital assets, the non-marital assets may transmute into marital assets. If this is occurs, the spouse whose property is transmuted may be able to get reimbursed for their additional contribution to the marital assets. This can cause some confusion and frustration in Chicago divorces.

Contacting an Experienced Chicago Divorce Attorney

If you are involved in a Chicago divorce, you should immediately contact an experienced and dedicated Chicago family law attorney. As you can see, an Illinois divorce proceeding can be much more complicated than dividing the marital assets in half. To make sure that someone is fighting for your fair treatment throughout the divorce proceeding, you should have an experienced attorney at your side. The law firm of Taradash Given, P.C. is an aggressive and experienced Chicago family law firm that knows what it takes to provide excellent representation to their clients. Contact us using our online form, or call (312) 775-1020 to speak to an attorney today.

Not Happy With Your Attorney?

It happens every day. Clients going through a divorce, or any family law matter, change lawyers during their case. It’s simply a fact of life. Sometimes the lawyer just doesn’t get the intricacies of divorce court or, perhaps, the client and the lawyer just don’t get along.

Frequently Asked Questions

When going through a divorce, most people don’t know what to expect. From the length of the divorce to the cost and everything in between, there are many unknowns. Relax. This is why it is important to have a seasoned Chicago divorce lawyer representing you.

Client Reviews

Excellent lawyer and a good human being - He was fast, he was empathetic, he was sure about what he was doing, got me my divorce very quickly while I was stuck with another lawyer for 6 months. Very courteous and doesn't try to bluff you.


Dean helped me through one of the worst times of my life. I married my best friend and we had three kids together. After things began to turn for the worst she sought a divorce and began threatening to withhold my children from me. She then kicked me out of our home. This became a nasty divorce and...


In addition to knowing his stuff, Dean was very supportive during a process that was emotionally difficult. He listened and helped me every step of the way in the divorce process. Dean was very responsive and everything was handled very professionally. Highly recommend.

Angi M.

By far this is the best experience I’ve had! They were considerate of my feelings and misfortune due to my injuries! They always got back to me on the progress of my claim! I would recommend them highly if your looking for a good legal team! Thank you Steve for all your hard work and what you did...

Kimberly W.

I want to express my appreciation for the exceptional work done by Morgan at Taradash Given P.C. She worked day and night negotiating with my former spouse and was a true advocate. Her commitment and dedication to my case did not go unnoticed and I am very grateful for her efforts. Additionally...

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