Chicago, IL family law attorney Michael Lodermeier explains how marital property is divided under Illinois law.
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Marital property is divided in Illinois based upon an equitable distribution. Not equal but equitable. In practice, many times, that is a 50-50 division between the parties. And I like to tell people just for the beginning of your case understand that it’s likely to be an equal division. However, there’s many factors that can start to push that division from way to the other. If somebody has brought in a giant portion of the marital estate from a non-marital estate because they co-mingled it, maybe they’ll get a little bit more than the 50 percent. Maybe somebody is positioned to after the divorce accumulate a larger estate that the other person, maybe the court will give the person who’s not likely to accumulate a large estate down the road a little more of the marital estate. But, in essence, the court wants to make sure that it’s fair, that it’s equitable.