What Property Is Considered Marital Property in Illinois?

 Posted on November 11, 2025 in Divorce

Dividing property during a divorce is often challenging. It can be hard to know what belongs to both spouses and what belongs to only one person. Illinois uses specific rules based on equitable distribution to decide how property should be classified and divided. You need to know the rules to ensure you end up with a fair settlement. Our team of Orland Park, IL property division lawyers can provide guidance tailored to your specific situation.

How Does Illinois Law Define Marital Property?

Under the Illinois Marriage and Dissolution of Marriage Act, the courts have guidelines to decide what is considered marital property. Under 750 ILCS 5/503, marital property includes most assets that either spouse acquires after the wedding and before the divorce is completed. This is true even if only one spouse is listed on a title, deed, or bank account. The key question is when the property was obtained, not whose name is on it.

Income earned during the marriage is almost always marital. This includes wages, bonuses, retirement contributions, and investment growth. If it was acquired while you were married, it is usually treated as shared property.

What Property Is Typically Nonmarital in an Illinois Divorce?

Property belonging to only one spouse is called non-marital or separate property. Non-marital property is usually not divided during the divorce. It can include:

• Property owned by one spouse before the marriage

• An inheritance that was left to one spouse alone

• A gift given specifically to only one spouse

• Property that is protected by a valid prenuptial or postnuptial agreement

Can Separate and Marital Property Become Mixed?

Under 750 ILCS 5/502, spouses can use agreements to make sure certain property stays separate. However, it is important not to mix non-marital property with marital property. If it is mixed, which is known as the commingling of assets, it may lose its protected status.

Commingling happens when non-marital property and marital property are combined in a way that makes them hard to separate. For example, if you inherit money and place it into a joint checking account that both spouses use, the inheritance may now be considered marital property.

There is also a concept called transmutation. This means property changes from non-marital to marital because of how it is used. For example, if one spouse owned a house before the marriage, but during the marriage both spouses paid the mortgage and helped maintain the home, the house may become marital property. Keeping clear records is important. Good documentation may help show which part of the property should stay separate.

How Do Courts Divide Marital Property in Illinois?

Illinois uses an equitable distribution system. This means the property must be divided in a way that is fair. It does not necessarily mean the property is divided 50/50.

Under 750 ILCS 5/503(d), the court looks at many factors. These may include the length of the marriage, each spouse’s contributions to the home and finances, each spouse’s future earning potential, and each person’s financial needs after the divorce. The court may also look at whether either spouse tried to hide or waste marital property. The goal is to divide property fairly based on each spouse’s circumstances and contributions.

Contact a Joliet, IL Divorce Attorney Today

Knowing what counts as marital or non-marital property can help you protect what matters most. The guiding principle at The Foray Hurst Firm is Preserving The Dignity of Families In Transition. Our attorneys are active members of the Black Women Lawyers' Association, the Black Bar Association of Will County, the Cook County Bar Association, and the National Bar Association. We got there because of our commitment to advocacy, community support, and professional excellence.

If you have questions about how your property may be divided in a divorce, call 312-702-1293 to schedule a consultation with one of our Orland Park, IL property division lawyers today.