Equitable Property Division

Marital Property Division Lawyer Serving the Western Chicago Suburbs

Under Illinois law, marital property will be divided equitably in divorce. However, equitable does not necessarily mean "equal." Property can be divided fifty-fifty, sixty-forty or by other ratios, depending the facts of your case.

How will assets be divided? Can I kick my spouse out of the house?

As a divorce lawyer with more than 28 years of family law experience in the western Chicago suburbs, I can let you know what to expect from the court if your assets are divided by a judge. Knowing what a court is likely to do will help you negotiate a reasonable outcome. Fighting over how assets will be divided usually means that there will be fewer assets to divide.

I offer a free initial consultation to discuss your case.

How Assets Are Divided

• In long-term marriages, the court will try to equalize income and assets. As a result, a spouse with lower earnings may receive a greater share of marital assets.
• Retirement plans such as pensions and 401(k) accounts are marital assets and must be divided, generally equally.
• You and your spouse can swap assets. For example, if you want the marital residence, you can negotiate a cash payment in exchange for your spouse's share of the equity.
• Assets owned prior to marriage, as well as inheritances and gifts received during the marriage, are yours to keep − unless you put your spouse's name on those assets or commingle them with other marital assets.
• All assets must be disclosed. As your lawyer, I can subpoena records from financial institutions, employers and family-owned businesses in order to find hidden assets.
• Illinois prohibits marital misconduct, such as infidelity, from consideration in the division of property. However, if one party wastes assets during the period of time that the marriage is breaking down, that can affect property division.

Can I Kick My Spouse Out of the House?

This is one of the first questions my clients usually ask me. The answer is no, unless there are issues of domestic violence.

Free Consultation With an Experienced Lawyer

For a free initial consultation about your equitable property distribution case, contact me, attorney Terry Fawell. From my office in Wheaton, I serve clients in DuPage, Kane and Will counties.