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Under Illinois law, marital property is anything that comes into the marriage during the marriage that is not by gift or inheritance. It does not matter in whose name the property is held. In Illinois, marital property will be divided and distributed between the parties by the court.

Non-marital property is not divided but is awarded to the party that owns the property. Sometimes non-marital property (such as inheritance money) gets combined with marital assets and it is difficult to distinguish. An experienced divorce lawyer knows how to sort through a complex situation like this that could potentially put a client at risk of losing or gaining a lot of money.

Examples of marital property: Any assets you obtained after the date of your marriage, even if it is you or your spouse’s name alone, including bank accounts, investment accounts, real property, retirement plans and pensions, vehicles, furniture, business or partnership interests. Marital property can include debts as well as assets.

Examples of non-marital property: Anything you owned free and clear up to the date of your marriage. Property acquired by gift or inheritance during the marriage. Property acquired by one spouse after judgment of legal separation.

Again, as noted above, sometimes marital and non-marital property is co-mingled and it can be difficult to distinguish between them. That is why it is important to maintain copies of all bank account statements, brokerage account statements, deeds, contracts and other documentation. An experienced Illinois divorce attorney will work with you to clarify what is marital property and what is non-marital property.

Is this clear? We know it can be confusing. If you have questions about Illinois marital property laws or if you would like an attorney referral, please contact us. All calls are free and confidential.