Skokie Property Division Attorney

Illinois uses equitable distribution rules for property division. Under these rules, marital property must be divided fairly. It is worth noting that “fair” does not mean “equal.”

Marital Property & Non-Marital Property

In terms of family law, a married person can own two types of property: marital and non-marital. Marital property is considered to be jointly owned by both spouses. Illinois law presumes that any property that is obtained during a marriage is marital property. Even if you purchase something specifically for yourself and that your spouse has no interest in, it is marital property.

Non-marital property – sometimes called separate property – is owned solely by one spouse. Illinois presumes that property is non-marital if it is obtained before the marriage. Property can also be non-marital if it was given to one spouse by way of “gift, legacy, or descent.”

Dissipation occurs when one spouse uses marital funds for their own benefit and a purpose unrelated to the marriage. While the marriage is standing and healthy, dissipation cannot happen—it would just be selfishness if anything. Instead, dissipation happens when there is a divorce or legal separation pending, or if it is understood by both spouses that the marriage is in jeopardy.

The dissipation of marital assets can be considered a serious violation by a family law court under the Illinois Marriage and Dissolution of Marriage Act. If we can prove that your spouse intentionally dissipated marital resources, then it could help secure marital property for you.

We can help a possible dissipation of marital asset case by:

• Investigating to uncover concealed assets
• Checking financial records for signs of intentional misuse
• Prosecuting claims for dissipation

We can also defend you from unjust claims of dissipation from your spouse, who might be trying to disparage your name. We are here to stand by your side, no matter what comes up during your divorce and property division case. 

Obtaining the marital property that you think would best benefit you is one goal during a property division case. We also want to make sure that the non-marital assets you own are not mistaken as marital and unfairly divided during the divorce. Thanks to our extensive legal experience with a focus on complex divorces, we can help with the details of your divorce, no matter what sort of marital and non-marital assets you own.

We can help handle a divorce that involves these significant assets and more:

• Corporations
• Family-owned businesses
• Investment portfolios
• Partnerships
• Real estate holdings
• Retirement accounts
• Trusts

Contact us online to request a consultation about your property division case.