What Does Equitable Division Mean in Illinois Divorce?

 Posted on February 12, 2025 in Divorce

If you and your spouse cannot reach a divorce settlement outside of court, a judge will divide your assets equitably. This process of asset division is full of unknowns, and the court’s interpretation of "fair" may not always line up with what you want. An Illinois divorce attorney can protect your best interests during litigation, advocating for a favorable split of assets.

At Fawell & Fawell, we are ready to represent you in property disputes. Our firm has served clients in issues of family law for over forty years, giving us deep insights into divorce proceedings. When you work with us, you will receive honest, straightforward legal assistance to help you through your divorce.

"Equitable" Does Not Always Mean Equal

When the courts decide how to split up your marital estate, they will not just split it down the middle and give half to each spouse. Instead, they handle each case on an individual basis, taking into account what is most fair. Since Illinois is a no-fault state, neither spouse will be entitled to more or less property due to the collapse of the marriage.

Of course, a judge’s interpretation of equitable distribution is very subjective. A family law attorney at Fawell & Fawell can help you uncover all of the assets in your marital estate to determine how much you should get. 

Contributions to The Marriage

The judge presiding over your case will consider the total contributions to the marriage before dividing up any assets. Contributions to the marriage refer to anything that increases the value of the marital estate. 

Not all contributions to the marriage involve money. A stay-at-home spouse or parent may take on the role of a homemaker while the other spouse brings home a regular income. These contributions do not go unnoticed by the court, and they may be viewed as just as important as a breadwinner’s contributions.

Spousal Support

Spousal support and asset division in a divorce are closely linked, and in many cases, one will affect the other. Both spousal support and property division are intended to provide divorcing couples with the means to live on their own. If a spouse is already receiving a significant amount of support in a court order, he or she may receive a lesser share of assets.

In general, the courts are concerned with a spouse’s ability to become financially independent after a divorce. If you and your spouse are still in the workforce and earn the same amount of money, support may not be necessary.

Meet With a DuPage County, IL Divorce Lawyer

Every divorce is handled differently in court. A Wheaton, IL family law attorney at Fawell & Fawell can help you brace for the unexpected and advocate for you in property division disputes. Attorney Alex Fawell brings a compassionate ethic to family law, striving to do right by his clients in every case. To schedule a free consultation with our firm, call our offices at 630-871-2400 today.