Illinois follows the precept of equitable distribution, not neighborhood property, for marital belongings in divorce proceedings. Which means marital property is split pretty, not essentially equally. For instance, whereas a 50/50 cut up is widespread, a decide may award a bigger share to at least one partner primarily based on elements like contributions to the wedding, financial circumstances, and the wants of every get together.
The excellence between equitable distribution and neighborhood property is critical for {couples} residing in or transferring to Illinois. Understanding how marital belongings are handled below state legislation is essential for monetary planning, prenuptial agreements, and potential divorce proceedings. Traditionally, many states, notably within the West and Southwest, adopted neighborhood property legal guidelines primarily based on Spanish and French authorized traditions. Illinois, nevertheless, has at all times adhered to the separate property system, evolving into the present equitable distribution mannequin.