What Do You Have to Divide With Your Spouse in a Divorce?

 Posted on November 06, 2025 in Uncategorized

In Illinois, property division in a divorce is the process of splitting up property that you and your spouse accumulated during your marriage. But what is included in that property? Can you agree with your spouse to keep certain things if you give up others?

Illinois uses an equitable distribution system, which just means that assets and debts are divided fairly, but not necessarily equally. Understanding what must be divided, and what you may be able to keep, is the first step in the process.

At Fawell & Fawell, our DuPage County divorce attorney focuses exclusively on family law. We take a practical, results-oriented approach because your family is our priority.

What Property Must Be Divided in an Illinois Divorce?

Under 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act, marital property includes almost all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the account or title. This includes:

• Real estate, such as the marital home or vacation property

• Bank accounts and savings

• Investment portfolios and stocks

• Retirement accounts like 401(k), IRA, or pensions

• Vehicles, boats, and other personal property

• Businesses or professional practices

• Debts, including credit cards, loans, and mortgages

Judges want to see spouses make an agreement to divide their property on their own whenever possible. If spouses truly cannot negotiate, or there are factual questions they cannot agree on, the court will step in.

When necessary, the court divides marital property based on factors such as each spouse’s contribution to the marriage, earning potential, and financial needs. In most cases, the goal is to make sure both parties have as much financial stability as possible after the divorce.

What Could Count as Non-Marital Property in a Divorce?

Not everything has to be divided in a divorce. Certain property is considered non-marital, meaning it belongs only to one spouse. Examples include property that one spouse owned before marriage, inheritances, gifts, and assets that have already been dealt with in a valid prenuptial agreement. 

However, if non-marital property is mixed or "commingled" with marital assets, it may become at least partly marital property. In that case, a careful analysis is often needed to see what portion needs to be divided. 

How Are Debts Divided in Divorce?

Just as assets are divided, marital debts must also be split fairly. This includes credit cards, medical bills, car loans, and other shared obligations. When spouses or courts consider how to divide debt, they should examine which spouse took on the debt, who benefited from it, and who has the ability to repay it.

Even if a debt is assigned to one spouse in the divorce, creditors may still go after both spouses if both names are on the account. A lawyer can help you take steps to protect your credit and minimize future financial risk.

Call a Wheaton, IL Divorce Lawyer Today

If you are facing divorce, understanding what must be divided is the first step toward protecting your future. At Fawell & Fawell, our DuPage County divorce attorney personally handles every case with practical insight and compassion.

We offer free consultations to review your situation. Call 630-871-2400 today to speak with a lawyer who will help you navigate every stage of your divorce with clarity and confidence.