What is a spouse entitled to in an Illinois divorce?

How does Illinois decide what each spouse receives?

There is no fixed package that every wife or husband receives. Before a divorce judgment, the court must, to the extent it has jurisdiction, consider, approve, reserve or make provision for parental responsibilities, support for any child entitled to it, maintenance and property. That does not mean every issue produces an award to each spouse. See 750 ILCS 5/401(b).

The same rules apply to wives and husbands. You can address these issues through a written settlement, subject to court review. Start by listing your assets, debts, income and any children's needs. The firm's divorce page explains how these issues fit together, and you can schedule a consultation to discuss your circumstances.

Is Illinois a 50/50 divorce state?

No. Illinois divides marital property in just proportions, not automatically into equal halves. The same Illinois law applies in Chicago and Cook County. The statute lists factors, not percentages. It also directs the court to assign each spouse their non-marital property. See 750 ILCS 5/503(d).

An equal division may fit some circumstances, but it is not a guarantee. Look at the full financial picture rather than assume that every asset gets split down the middle. Among the factors the court weighs are:

• Each spouse's contributions, including work as a homemaker, can matter.
• The court considers the length of the marriage.
• Each spouse's economic circumstances and needs can affect the division.
• The court considers the value of property assigned to each spouse.
• The tax consequences of the division can matter.

What counts as marital property and what stays non-marital?

Property acquired by either spouse after marriage and before the divorce judgment is presumed marital. A spouse can overcome that presumption only with clear and convincing evidence, for example that the property falls within a non-marital category listed in the statute. Marital property includes debts and other obligations. Exceptions can include gifts, inheritances, property acquired before marriage and property acquired after a judgment of legal separation. Non-marital status can change: non-marital property transferred into joint ownership with the other spouse is presumed marital, and mixing it with marital property can change its classification. See 750 ILCS 5/503.

An increase in the value of non-marital property is also non-marital, but the marital estate may have a right to reimbursement. A valid prenuptial or postnuptial agreement can affect classification or division. If you have an agreement, discuss it with a lawyer who handles prenuptial agreements.

Pension benefits, including IRAs and defined contribution plans, acquired or participated in after the marriage and before a judgment of divorce or legal separation are also presumed marital. Gather account statements, debt records and any agreement before seeking advice. For classification questions, see the firm's property and debt division page. The marital property division guide explains the broader approach.

Is a spouse entitled to maintenance (alimony)?

Either spouse may receive maintenance, but it is not automatic. The court first decides whether an award is appropriate. It weighs matters such as income, property, needs, earning capacity, domestic duties and the length of the marriage. The court decides maintenance without regard to marital misconduct. See 750 ILCS 5/504.

When the statute's conditions are met, a guideline formula applies unless the court finds it inappropriate. A difference in income alone does not let you predict an award. Collect income records and a realistic budget before discussing your needs. The firm's spousal maintenance page covers this area, and the Illinois alimony guide explains maintenance in more detail.

What about child support and parenting time?

Support and parenting rules address the child's needs and best interests, not a reward to either spouse. Support starts with statutory guidelines based on both parents' net incomes, and the court applies them unless it finds them inappropriate. Separate rules address shared and split physical care. See 750 ILCS 5/505. The firm's child support page covers support questions.

Parenting time and significant decision-making depend on the child's best interests. The court may allocate significant decisions to one or both parents. These questions need their own review, separate from property division. The firm's child custody page covers parenting arrangements. If the timing of support rules matters to your case, read the 2026 and 2027 child support transition guide.

Can the court order the other spouse to help pay for your lawyer?

Yes, the court may order one spouse to contribute toward the other's attorney fees and costs after notice, a hearing and consideration of financial resources. Contribution is not automatic. See 750 ILCS 5/508(a).

While the divorce is pending, the court must award the interim fees a spouse needs to participate adequately if it finds that the other spouse can pay reasonable amounts and the requesting spouse lacks sufficient access to assets or income to do so. A petition for interim fees to pay a first retainer must attach an affidavit from the lawyer to be hired and the requesting spouse's certificate that the fees will be used only to hire that lawyer. An interim award does not decide who finally pays. Unless the court orders otherwise, it is treated as an advance from the marital estate and can be reallocated at the end of the case. See 750 ILCS 5/501(c-1). Gather records showing income, assets and access to funds.

What should you not forget in a divorce settlement?

A settlement must be in writing unless the court allows an exception for good cause. Its terms bind the court unless the court finds the agreement unconscionable, but terms about child support and parenting do not bind the court. The statute says property terms of an agreement are never modifiable. See 750 ILCS 5/502.

A former spouse's life insurance beneficiary designation generally becomes ineffective after judgment. Exceptions include designation in the judgment, redesignation afterward or designation in trust for a child or dependent. This rule does not apply to policies governed by the federal Employee Retirement Income Security Act, the Federal Employees' Group Life Insurance Act or another federal law that overrides it. See 750 ILCS 5/503(b-5). Dissolution also revokes gifts and fiduciary nominations to the former spouse in a will signed before judgment. See 755 ILCS 5/4-7(b).

Compare your draft with your records. Explore financial disclosure in divorce and real estate issues in divorce when preparing questions.

• Identify the home, mortgage and proposed arrangements.
• Identify retirement accounts and transfer requirements.
• Address debts and tax questions.
• State maintenance and child support terms.
• Include the parenting plan.
• Address life insurance ownership, death benefits, premiums and beneficiaries.
• Review your will and beneficiary designations.
• Describe how and when assets are to move.

Does fault or an affair change what you receive?

An affair is not a factor in dividing property or setting maintenance. Illinois directs the court to decide both without regard to marital misconduct. Parenting also does not turn on marital misconduct unless the conduct affects the parent's relationship with the child. See 750 ILCS 5/503(d), 750 ILCS 5/504(a), 750 ILCS 5/602.5(e) and 750 ILCS 5/602.7(c).

Dissipation is a separate financial issue that the court may weigh when dividing property. A dissipation claim needs a written notice served by a deadline set in the statute, and spending that happened too long ago cannot count. See 750 ILCS 5/503(d)(2). If you are concerned about spending or missing funds, preserve the records and ask a lawyer whether the concern may involve dissipation. Do not assume that personal wrongdoing and a financial claim are the same thing. Read the guide to dissipation of marital assets for that issue.

This guide provides general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.