Aaron Carnine Family Law Attorney

Divorce, Parenting, Property, Adoption, Guardianship

PROPERTY – MARITAL

PROPERTY – MARITAL

Property acquired after the marriage becomes jointly owned marital property (except gifts or inheritance). Simply having one name on land, a house, a vehicle, or a retirement account does not effect the determination in Illinois as to whether that property is marital or non-marital.  The only document that matters it is your marriage license — after the signatures on that document, all subsequent acquisitions are marital property. The goal in a dissolution to divide property equitably. Dividing it equitably does not mean equally. Factors unique to your situation could create an unequal distribution, but still an equitable one.  When a particular piece of property or item was acquired will help determine its marital or non-marital status.  It is possible for property to be part marital, and part non-marital.  This is especially true of pensions that began to accrue before the marriage.  That pre-marital accrual should be set aside and not subject to division.

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