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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution

Illinois divides marital property equitably using a multi-factor analysis. Non-marital property is not subject to division, and courts consider each spouse's contribution, economic circumstances, and the length of the marriage.

Statutory Factors

The following factors are commonly evaluated under Illinois law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: 750 ILCS 5/503

Source: https://www.ilga.gov/legislation/ilcs/ilcs.asp

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Citation
750 ILCS 5/503
Source URL
https://www.ilga.gov/legislation/ilcs/ilcs.asp
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Reference Library

Illinois Property Division

Illinois follows equitable distribution under 750 ILCS 5/503. Courts divide marital property in just proportions considering the length of the marriage, prior marriages, economic circumstances, contributions of each spouse, employability, and any dissipation of marital assets. The statute expressly lists factors for the court's consideration and excludes non-marital property from division.

Citation: 750 ILCS 5/503

Source: https://www.ilga.gov/legislation/ilcs/ilcs.asp

Last updated: 2026-05-19T01:39:53.631183