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Property Division Lawyer Evanston

Property Division Lawyer Evanston

When a couple first gets married, they usually have no problems sharing their belongings or acquiring new ones within the context of the marriage. After all, they are in love; why shouldn’t they share everything? However, for many couples, those feelings fade over time. Before they know it, someone has filed for divorce, and now they are dealing with the difficult issue of asset division. If you and your soon-to-be ex-spouse are struggling with this, you’re not alone. A skilled property division lawyer in Evanston can help protect your rights and negotiate a fair divorce settlement. 

Illinois Property Division in Divorce

Illinois is one of many states that subscribes to equitable distribution or community property standards when dividing assets between divorcing spouses. This standard requires that the division is honest and fair. However, it doesn’t have to be equal. Instead of defaulting to a 50/50 split of all marital assets, the family court judge will weigh several factors to determine what type of property division arrangement would be fair. These factors include:

  • How any pre-or postnuptial agreements apply
  • The duration of the marriage
  • The health, age, and station in life of each spouse
  • If one spouse will receive spousal maintenance (alimony)
  • The vocational skills, occupation, and employability of each spouse
  • The value of the property that each spouse is assigned
  • Each spouse’s debts and financial needs
  • Each spouse’s potential opportunity for future acquisition of income and assets
  • Obligations from a prior marriage (such as child support for other children) for either spouse
  • Contributions, including those as a homemaker to the acquisition, preservation, or increased value of marital property
  • Any actions taken to decrease the value of or waste of marital or separate property
  • The financial circumstances of each spouse
  • The custodial arrangements for any children of the marriage
  • If the family home, or the right to live in it for a reasonable time, should be awarded to the party who has physical custody of children the majority of the time
  • Any applicable tax consequences arising from property division

When you hire an experienced property division attorney in Evanston, you can discuss your goals for the division of assets and debts. They can tell you what might and might not be realistic.

What is Separate Property?

Not all property in a marriage is subject to division. Depending on the couple, there are typically some assets that are exempt from property division. These might include:

  • Property address in a valid pre- or postnuptial agreement
  • Property received by one spouse as a gift or an inheritance
  • Property that was separate before the marriage

Sometimes separate property can get mingled with community property, making asset division more complex. In these cases, it’s imperative to have a knowledgeable property division lawyer in Evanston on your side to ensure the fair division of assets.

Contact an Experienced Property Division Lawyer in Evanston

The division of assets and debts is often a highly contested issue in divorce. At Sanders Family Law, our property division attorney in Evanston understands how stressful, confusing, and overwhelming property division can be. We help you identify your needs and desires and negotiate to get the best possible outcome for you. We can also help if you suspect your spouse might be hiding assets. Contact us today to learn more about how we can help.

Contact Our Illinois Divorce & Custody Law Firm Today

You will find our attorneys to be flexible, responsive, and ready to begin providing exceptional representation to protect your rights and your best interests immediately. Call our law office now at 312-624-7645 to schedule a consultation about your family law needs at no initial charge.


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