MARITAL VERSUS NON-MARITAL PROPERTY IN ILLINOIS DIVORCE CASES

MARITAL VERSUS NON-MARITAL PROPERTY IN ILLINOIS DIVORCE CASES

ILLINOIS IS AN EQUITABLE DISTRIBUTION STATE.

THIS MEANS THAT UNLESS A SETTLEMENT MAY BE REACHED IN REGARD TO A DISSOLUTION OF MARRIAGE PROCEEDING AND IF MATTERS ARE RULED UPON BY THE COURT, THE COURT CAN TAKE INTO CONSIDERATION NON-MARITAL PROPERTY IN REGARD TO AWARDING OR DIVIDING MARITAL PROPERTY.

NON-MARITAL PROPERTY CAN MEAN PROPERTY ACQUIRED BEFORE THE MARRIAGE OR PROPERTY WITH RESPECT TO WHICH EACH PARTY CAME INTO THE MARRIAGE, OR BEFORE THE DATE OF THE MARRIAGE.

MARITAL PROPERTY CAN MEAN ASSETS, OR PROPERTY RIGHTS, ACQUIRED AND/OR ACCUMULATED BY THE PARTIES AFTER THE DATE THEY WERE MARRIED.

AS AN EQUITABLE DISTRIBUTION STATE IN ARRIVING AT A DECISION AS TO HOW TO AWARD MARITAL PROPERTY, THE PRESIDING COURT CAN TAKE INTO CONSIDERATION, AMONG MANY OTHER FACTORS, THE NON-MARITAL PROPERTY THAT EACH PARTY CAME INTO THE MARRIAGE WITH WHICH, MAY OR MAY EXIST AS OF THE DATE OF THE JUDGMENT OF DISSOLUTION OF MARRIAGE.

Blake Behme Gilbreth Links, P.C.