Illinois Divorce Law...

Illinois Law - What Factors Do Courts Consider in Property Division

Marital property is divided fairly, not considering the behavior of the parties, but considering the following:

• The contribution of each party to the marital or non-marital property;
• The contribution of a spouse as a homemaker or otherwise to the family;
• The loss or wasteful spending by either party of the marital or non-marital property;
• The value of the items of property assigned to each spouse;
• The duration of the marriage (longer marriages tend to result in more compensation to a homemaker spouse);
• The financial situation of each spouse;
• The desirability of awarding the family home, or the right to live there for reasonable periods, to the spouse having custody of the children;
• Child support or spousal maintenance that either party is paying or receiving from an earlier marriage;
• Any other obligations and rights arising from an earlier marriage;
• Any prenuptial agreement of the parties;
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;
• The custodial provisions for any children (the spouse with custody needs more property);
• Whether or not there will be spousal maintenance in addition to the property division;
• The reasonable opportunity each spouse has for future income and other property;
• The tax consequences of the property division.

Section 5/503(d).

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