Division of Property and Debt in Divorce

Dividing property and debt in a divorce has a lasting and significant impact. When divorcing spouses disagree, failing to split debt and property fairly can have serious consequences. You need help identifying, valuing, and categorizing your marital assets and liabilities to make informed decisions.

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We Protect Your Financial Interests in an Illinois Divorce

Property and debt division in a divorce, especially a contested divorce, can have the single largest impact on your long-term quality of life. If children are involved, getting the this part right is even more important.

You may think you know what is martial versus nonmarital property and debt, but many get this wrong going into a divorce and are surprised to find what they that was true is actually the opposite.

Illinois distinguishes between marital and nonmarital property. We will comb through each asset not just to identify all marital assets, but to determine their true value, and if there are any hidden assets.

If your goal is settlement, we will fight for it. If your goal is litigation, we will fight for you. And we will help you figure out which is right if you’re unsure.

Divorce Questions We Can Help You Address

  • Is the family home martial property?
  • Who is responsible for joint debt?
  • What happens to your retirement accounts?
  • Can I keep property I owned before the marriage?
  • How is my business treated in the divorce?
  • How do I figure out if my spouse is hiding assets?

Property and Financial Issues That May Need to Be Resolved

Family Home and Real Estate

Homes, rental properties, vacation properties, mortgages, and equity

Retirement and Investment Account

Pensions, 401(k)s, IRAs, brokerage accounts, and other investments

Businesses and Professional Interests

Ownership interests, closely held companies, partnerships, and professional practices

Bank Accounts and Personal Property

Cash accounts, vehicles, valuable collections, furnishings, and other property

Loans and Consumer Debt

Credit Card, personal loans, vehicle loans, and lines of credit

Potentially Hidden or Transferred Assets

Unexplained withdrawals, transfers, incomplete disclosures or disputed valuations

How is Property Divided in an Illinois Divorce?

Equitable division is often misunderstood. Couples starting the divorce process usually believe that the split will be 50/50. If you’re thinking your divorce will be uncontested divorce and both parties agree on a 50/50 split, then the process is usually straightforward.

If your Illinois divorce is contested, then you can think of equitable division as the attorney’s and courts best attempt ad dividing assets and debts equally between the two parties based on a number of factors

An analysis is done to determine what that equitable division looks like. Both parties may agree early on. If their is disagreement, mediation (negotiations between the divorcing couple with a third party mediator) or litigation (going to court with your lawyers) will be used to define the agreement.

Issues that May Affect Equitable Division Analysis

  • How much did each spouse put into property/assets?
  • How long was the marriage?
  • What are each person’s finances?
  • What are each persons debts and obligations?
  • What are the potential tax consequences?
  • Are there deeper expert valuation needs?
  • Where there prenuptial or postnuptial agreements?
  • What is the parenting and housing situation?
  • Does either party have legal troubles?

What to Expect During the Property Division Process

1

Initial Financial Review

Identify known assets, accounts, property, income, and debts
2

Financial Disclosure and Discovery

Gather tax returns, statements, account records, load docs, etc.
3

Classification

Attorneys and experts evaluate whether property is marital, nonmarital, or disputed
4

Valuation

Calculate the value of all assets, liabilities, accounts, etc.
5

Negotiation or Mediation

Explore whether the parties can reach a workable agreement
6

Court Resolution Wen Necessary

Present unresolved issues for judicial determination
7

Implementation

Parties complete refinancing, transfer of assets and liabilities, account division, and all other requirements from the final judgement