How is division of property determined in Illinois?
Property identification and division in Illinois involves a two step process. First, the attorney must conduct a sufficient investigation in order to determine what property titled to either or both spouses (or potentially titled to third parties, if applicable) in a divorce is “marital property” or “non-marital property” to either the husband or the wife commensurate with Illinois law. Generally, “marital property” is property acquired during the marriage except property which is received from gift or inheritance. “Non-marital property” includes property acquired before the marriage and that acquired during the marriage by gift or inheritance. In this regard, the attorney must identify and consider the implication of any prenuptial agreement.
