Roberts, P.C.

Call Us630-668-4211

104 E. Roosevelt Road, Suite 202, Wheaton, IL 60187

DuPage County Division of Marital Property Attorney

Oak Brook Property Division Divorce Lawyer

Lawyer Helping Divorcing Spouses With Asset and Debt Division in Wheaton, Glen Ellyn, and Naperville

Over the course of a marriage, spouses will work to build a life together, and they will likely acquire substantial property, including physical possessions, a marital home or other real estate, automobiles, bank accounts, investments, and retirement funds. When a couple decides to end their marriage and get a divorce, determining how to fairly divide this property can become a complicated matter.

At Roberts, P.C., we understand the legal issues that can arise when dividing assets and debts during divorce, and we have extensive experience working with clients in complex and high net worth divorce cases. Attorney Chuck Roberts has been involved in tens of millions of dollars of property settlements, and he can work with you to reach an agreement that protects your interests and meets your needs. As a business litigator, he understands the complexities when businesses, partnerships, shareholders and profit sharing are involved in a divorce.

Equitable Division of Marital Property

Under Illinois law, marital property must be equitably divided in "just proportions" between divorcing spouses. Notably, "equitable" is not necessarily the same thing as "equal." Rather than dividing all property exactly in half, each spouse is entitled to receive a fair and equitable share of marital property based on a variety of factors, including the length of the marriage, the spouses' standard of living while married, each spouse's economic circumstances, whether one spouse will receive spousal maintenance from the other, and the tax consequences of property division for each spouse.

Any property acquired by either spouse during their marriage is considered marital property, and this includes not only personal possessions, but also real estate, monetary funds, and business interests. Debts accrued during a marriage, such as credit card debts, automobile loans, or mortgages, must also be divided equitably between spouses.

Property which one spouse owned prior to getting married is considered non-marital property, as is property acquired after the spouses' legal separation or through gift or inheritance. A prenuptial or postnuptial agreement may also specify that certain property is considered non-marital property solely owned by one spouse.

While non-marital property is not subject to equitable division, marital and non-marital property can often become commingled over the course of a marriage. This can happen when marital funds are contributed toward non-marital property (such as when both spouses contribute to a home's mortgage payments), or when one spouse provides effort that increases the value of the other spouse's non-marital property (such as performing home improvements or working at a business). When property is commingled, non-marital property may be converted to marital property, or a spouse may be required to reimburse their former partner for their contributions toward non-marital property.

Contact a Hinsdale Property Division Attorney

During your divorce, you deserve to receive a fair share of the property that you have worked to acquire over the course of your marriage. At Roberts, P.C., we can work with you to provide a full understanding of the value of marital property and help you divide this property in a manner that protects your financial interests. Contact a Naperville divorce lawyer at 630-668-4211 to schedule a free consultation. We serve clients in Naperville, Oak Brook, Glen Ellyn, Burr Ridge, Glendale Heights, and throughout DuPage and Kane Counties.

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