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Should You Fight for the Marital Home in an Illinois Divorce?

 Posted on August 07,2023 in Illinois Divorce

divorce assets

One of the most significant assets to consider during a divorce in Illinois is the marital home. Deciding whether to fight for the home requires careful consideration of various factors, including financial implications and emotional attachments. Today, we will dissect several key considerations to help you make an informed decision about whether to retain the marital home during an Illinois divorce. As with other divorce matters, discuss your questions and concerns with your divorce lawyer, as they will have the knowledge to help you make the most informed decision possible. 

What Does Equitable Distribution Mean in Illinois?

Illinois law does not call for the equal division of assets. Instead, the state goes by the equitable distribution principle, which means the court aims to divide the assets instead of exactly equal. Different factors contribute to what the court regards fairly to mean, such as the duration of the marriage, each spouse’s contribution to the acquisition of the property, and the financial circumstances of each party. 

Financial Factors

Fighting for the marital home requires thoroughly assessing the financial implications involved. Consider the costs of maintaining the property, such as mortgage payments, property taxes, insurance, and maintenance expenses. Additionally, evaluate the potential impact on your post-divorce financial stability, including the ability to afford the home on a single income. Determining your financial capacity and whether keeping the home aligns with your long-term goals is essential. 

Emotional Attachment 

The emotional significance of the marital home is often a significant factor in deciding whether to fight for it. Consider the memories associated with the home and how emotional attachment may impact your decision-making process. Weigh the benefits of seeking closure by starting fresh versus trying to maintain consistency and stability for yourself or the children involved.

Consider Your Child’s Interests

If you share custody of the children, their best interests need to be on the top of your list of priorities when deciding whether to fight for the marital home. Consider the potential impact of moving on the children’s stability, emotional well-being, and educational considerations. Consult with professionals, like family therapists or custody evaluators, who can provide valuable insights into the impact of a potential relocation on children. 

Contact a Kane County Divorce Lawyer

There is no question that deciding whether to fight for the marital home or not is a big decision with large implications. Discuss with your attorney the different ways fighting for or not fighting for the marital home will impact your financial future post-divorce. Contact the skilled St. Charles divorce attorney with Weiler & Associates, Inc. for the representation you deserve. Call 630-331-9110 for a private consultation. 


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