Illinois Divorce Property Division

System
Equitable Distribution
Default Split
50 / 50
Governing Statute
750 ILCS 5/503

What the Law Says

Illinois courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.

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 (750 ILCS 5/503)

Illinois courts are required to consider:

  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

Common Questions

Illinois: community property or equitable distribution?

Equitable distribution. Under 750 ILCS 5/503, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.

What factors does a Illinois court weigh?

750 ILCS 5/503 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.

Does Illinois split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Illinois's equitable distribution rules on your actual assets and debts.

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Source: 750 ILCS 5/503 AI draft · Full law library entry