Considered an equitable division state, property division in the State of Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act, which defines marital assets as property acquired by either spouse after the marriage. However, myriad factors may make what you might consider marital property non-marital property. Not only is non-marital property defined as property acquired before the marriage by either spouse, but also property obtained by gift, legacy or descent; in exchange for property acquired before the marriage or in exchange for property through gift, legacy, or descent; property accumulated by a spouse after a judgment of legal separation; property specifically excluded by a legal agreement between the individuals through either a settlement, decree, or nuptial agreement; property attained before the marriage; and any judgment or property acquired by judgment given to one spouse from the other.
These and other factors complicate considerably the process of property division in the event of a divorce.
It’s important that you have a legal advocate that will fight for all that you are entitled to and the experienced family law attorneys of Bizzieri Law in Chicago will do just that. We know the law and understand the complexities that help to determine marital and non-marital property (ex. Some actions by non-marital property owners may indeed “transmute” that property into marital property). You need a skilled and knowledgeable family law attorney that will fight for you and help secure the best outcome for you and for your children.
Call us at 773.881.9000 to speak with one of our family law attorneys if you have been considering divorce or have been served with a petition for divorce. We will work to ensure you have the legal representation you deserve, so that you may get through this difficult time and get on with your life.