Illinois Property Division
Calculator (2026)

Illinois is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under 750 ILCS 5/503, the judge has discretion to consider multiple factors when determining an appropriate division.

While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.

Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.

Non-marital property under 750 ILCS 5/503(a) includes property acquired before marriage, by gift or inheritance, in exchange for non-marital property, after legal separation, or excluded by prenup. Commingling without tracing destroys non-marital character.

The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.

Property cutoff is date of JUDGMENT (not filing or separation) — unique to Illinois.

Dissipation has strict rules: 5-year lookback from filing, 3-year knowledge cutoff, 30-day notice requirement.

Companion animals: §503(n) allows courts to consider the animal's well-being.

Stock options/restricted stock: §503(b)(3)-(4) presumed marital if granted during marriage.