Ekker Law, P.C. / Steven B. Ekker, Esq.

Property Division Lawyer in Sugar Grove, Illinois

Aurora Division of Marital Property Attorney

Kane County Attorney for Asset Division During Divorce

If you are married and have decided to divorce, you may wonder how you and your soon-to-be ex-spouse will divide your property. During a marriage, the lines between yours, mine, and ours often become blurred. This is especially true for couples who have been married for a long time. The experienced legal professionals at Ekker Law, P.C. / Steven B. Ekker, Esq. help divorcing spouses claim what is rightfully theirs while making sure their rights are fully protected.

Equitable Distribution Attorney in Elburn

According to the law in Illinois, marital property is not simply split in half with each spouse receiving 50 percent of the value of the marital estate. Instead, property is divided according to the principles of equitable distribution. According to equitable distribution, spouses might not receive equal portions of the funds, assets, and debts accumulated during the marriage, but they will each receive a portion that is determined by the court to be fair and just.

Courts consider many factors when deciding how the marital estate should be divided during divorce. These factors include:

  • Each spouse's income, income earning potential, and overall financial circumstances;
  • Each spouse's age, mental and physical health, and needs;
  • The value of the spouses' non-marital property;
  • Each spouse's financial contribution to the marital estate;
  • Any noneconomic contributions that a spouse made as a stay-at-home parent or homemaker;
  • Arrangements for the allocation of parental responsibilities;
  • Whether or not a spouse will receive spousal support or alimony;
  • Any dissipation (wasting of funds or property during the end of the marriage);
  • Financial obligations or rights from any prior marriages;
  • Any existing agreement such as a prenuptial agreement; and
  • Tax consequences.

It is important to note that only marital property is divided during an Illinois divorce. Separate or non-marital property is assigned to the spouse who owns it. Generally, marital property includes any wealth or property that was accumulated by either spouse during the marriage and separate property is property which a spouse already owned before marriage. Differentiating separate from marital property is not as straightforward as it may seem. Commingling, or mixing, of separate and marital property, as well as other factors, can significantly complicate property division during divorce. It is best to consult with a skilled asset division attorney to ensure you have a full understanding of what constitutes your marital estate.

A Law Firm You Can Trust

At Ekker Law, P.C. / Steven B. Ekker, Esq., we understand that property division is often one of the most complicated parts of the divorce process. Our legal professionals are experienced in successfully managing even complex property disputes. Attorney Steve Ekker has more than 25 years' worth of experience helping divorcing spouses get the settlement they deserve. If a divorce settlement cannot be reached through negotiations, Mr. Ekker is fully prepared to take your case to trial and litigate on your behalf.

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