How Does No-Fault Divorce Impact Property Division?

 Posted on July 20, 2024 in Property Division

Up until January 1, 2016, you needed a good reason to get divorced in Illinois. You had to show the court that either you or your spouse was at fault for causing the divorce by engaging in certain behaviors like adultery, substance abuse, alcohol abuse, mental or physical cruelty, abandonment, and more.

But since 2016, Illinois has been a no-fault divorce state. This means that the law does not blame either spouse for causing the divorce, and you no longer need to show a court that one of the parties destroyed the marriage. All you need to tell a court when filing the divorce papers is that you and your spouse have "irreconcilable differences."

This change in the law not only made getting divorced easier but also affected the divorce process. In this article, we will discuss how no-fault divorce specifically impacts property division. To find out how no-fault divorce impacts other parts of the divorce procedure, contact an Illinois no-fault divorce attorney.

What Is Property Division?

Property division is a part of the divorce process where spouses divide their marital property between themselves. Marital property as defined by Illinois law means possessions that were acquired by either spouse during the marriage. These assets belong to both spouses and are divided in a divorce. There are, however, some exceptions to this rule:

• If a spouse inherits something during the marriage, it is not considered marital property.

• Assets that were given as a gift to one spouse exclusively are not considered marital property.

• Assets that were acquired by using non-marital property as collateral are also not considered marital property.

In Illinois, marital property is divided equitably, not equally. This means that a court will distribute the marital assets according to what the judge believes is fair or, as the law puts it, "just." 

How Does No-Fault Divorce Affect Property Division?

In states that allow at-fault divorces, courts may take fault into account when dividing marital assets. If one spouse’s marital misconduct led to the marriage’s breakdown, a judge may decide to award larger portions of the marital property to the other spouse.

However, in a no-fault divorce state like Illinois, courts are not permitted to divide marital property based on who caused the divorce. According to Illinois law 750 ILCS 5/503, a court must distribute the assets "without regard for marital misconduct." The only time a judge might take a spouse’s marital misconduct into account is if it affects the marital property. For example, if one of the parties had an affair during the marriage and spent joint marital funds on lavish gifts for his or her paramour, a judge might award more assets to the other spouse as compensation.

Contact a St. Charles, IL No-Fault Divorce Attorney

At Goostree Law Group, our attorneys will provide you with excellent legal service throughout your no-fault divorce, and we are ready to prepare you for success after your marriage ends. Call 630-584-4800 to schedule a free consultation with a Kane County, IL property division lawyer today.