What Is My Wife Entitled to in Divorce in Illinois?

Are you concerned about what you’re entitled to in your Illinois divorce? Navigating a divorce can be overwhelming, especially when it comes to protecting your financial rights. A skilled divorce lawyer can make all the difference. They can offer professional guidance, help you understand what you’re entitled to, and work tirelessly to secure a fair division of assets and appropriate support.

How Is Property Divided in a Divorce in Illinois?

In Illinois, when a couple divorces, the law requires an “equitable” division of property, but “equitable” doesn’t necessarily mean an equal split. Instead, the court looks at several factors to decide how to divide the assets. These factors include each person’s income, the length of the marriage, and any agreements the couple made, like prenups.

The court classifies property as either marital or non-marital. Marital property includes most assets and debts the couple acquired during the marriage. Non-marital property belongs to just one spouse, usually things they owned before the marriage or received as personal gifts or inheritances.

The court doesn’t divide non-marital property in a divorce. Instead, each spouse keeps their own. For marital property, the court decides on a division that is fair, which could be a 50/50 split or another arrangement based on the couple’s situation. This approach aims to ensure that both parties leave the marriage on reasonable financial footing.

Are Women Entitled to More Assets in an Illinois Divorce?

No, the law does not automatically entitle women to more assets in an Illinois divorce. Instead, the court aims for a fair division of property. This fairness does not always mean a 50/50 split. The court looks at several key factors, such as each spouse’s financial situation, their contributions to the marriage, and the overall duration of the marriage, when making the determination about who gets how much.

The main goal is to divide the assets in a way that is equitable, which means fair but not necessarily equal. Factors like who earned more money or who took care of the home can influence this decision. However, the court does not favor one gender over the other. Both men and women receive fair treatment under the law. The court’s decisions focus on ensuring that both parties have a fair financial start after the divorce. This approach aims to maintain balance and fairness, regardless of gender.

How Can I Protect My Financial Interests in My Divorce Case?

Securing your financial future in a divorce starts with hiring a trusted and competent divorce lawyer. Your divorce attorney can help you by:

  • Explaining your legal rights and what you can expect during the divorce
  • Identifying all marital and non-marital assets so you don’t overlook anything valuable
  • Negotiating settlements that are fair and favorable to you
  • Analyzing the long-term implications of your settlement so you can make informed decisions
  • Figuring out how to handle marital debt so you don’t end up with an unfair burden
  • Representing you and fighting for your interests if you and your spouse can’t come to an agreement and your case goes to court

Discuss Your Case with an Illinois Divorce Lawyer Now

Ready to take control of your financial future? The experienced team at Gravel & Wechter P.C. is here to help. We understand the complexities of Illinois divorce law and are committed to ensuring you receive what you’re entitled to. Contact us now for a free consultation, and let us guide you toward a fair and favorable outcome.