How Equitable Distribution Affects Property Division

 Posted on September 29, 2025 in Asset Division

Property division tends to be one of the most contentious parts of a divorce. When spouses cannot agree on how to divide up their assets on their own, outside intervention may be necessary to assist with the process. Illinois has adopted the standard of equitable distribution to ensure that all property division cases are guided by the same set of principles.

If you are going through a contested property division case, you should familiarize yourself with the state’s laws about dividing up marital property. At Weiler & Associates, Inc., our St. Charles, IL divorce lawyers can inform you of your options to split up your assets, and how the principle of equitable distribution might affect the final ruling.

How Do Judges Divide Property in Illinois?

No matter the case, divorce judges in Illinois always refer to the principle of equitable distribution to divide a married couple’s assets (750 ILCS 5/503). The court will consider multiple factors, including, but not limited to:

• The length of the marriage

• Each party’s contribution to the marriage

• Any intentional waste of marital assets by either party

• The value of the property given to each spouse

• Each spouse’s economic circumstances

• Any obligation either spouse owes to a prior marriage

• The age, health, and employability of each spouse

• The allocation of custody

Equitable distribution prioritizes fairness. As such, your assets might not be divided in an equal 50/50 split, taking all relevant factors into account.

Does Marital Misconduct Affect Equitable Distribution?

Some states allow spouses to claim more marital property in a divorce if the other spouse committed some act of marital misconduct, like adultery. However, Illinois is not one of those states.

The law notes that equitable distribution is conducted "without regard to marital misconduct," meaning that the judge will not hold any wrongdoing against either spouse. This is consistent with Illinois’ stance on fault-based divorces, since spouses can only file for dissolution on the grounds of irreconcilable differences.

Can You Divide Marital Property on Your Own?

If you do not want to leave property division up to a judge’s interpretation of equitable distribution, you and your spouse can always settle the issue on your own. In a divorce settlement, you and your spouse are not bound to the terms of equitable distribution, as long as you both agree on the terms.

Choosing to settle property division outside of court does not give you total control, however. A judge can still deny a settlement agreement that grossly favors one party, and is therefore unconscionable.

Meet With a St. Charles, IL Property Division Attorney

Since our firm first opened its doors in 1982, we have helped numerous clients with complex issues of divorce, including asset division. At Weiler & Associates, Inc., we are highly familiar with the laws governing the division of marital property, so you can rely on us to provide you with strong counsel as you navigate your case.

Our Kane County, IL divorce lawyers are ready to assist. Call us at 630-331-9110 to arrange your initial consultation.