Goddard & Malmquist
For experienced representation
Call our firm 847-382-3995
Menu / Navigate In This Section

What does it mean to divorce in an equitable distribution state?

When couples going through the divorce process cannot provide the terms of their settlement on their own with the help of attorneys, it's likely to be resolved in court according to state law. This includes property division, child custody and many other crucial issues that must be taken care of when couples split up. If spouses choose not to take a collaborative approach to their divorce, many critical decisions may will be decided in court.

Settling the financial aspects of divorce can become a serious point of contention between divorcing spouses. If conflict resolution doesn't work and the divorce is goes to court, Illinois family law judges abide by equitible distribution. This means that each spouse will get a fair share of marital assets property, which does not necessarily equate to a 50-50 split.

In order to determine what is considered a fair financial settlement for both spouses, the court will take a look at existing income and assets and how divorce would impact that. So, if one spouse has a lower income than the other, the spouse who earns less might get a larger share of the financial settlement.

Of course, there is still room for dispute in court, since both spouses might have differing ideas about what they consider to be equitable. This is one reason why it is helpful to have a trustworthy attorney who can represent your interests.

Although Illinois (and most other states) abide by equitable distribution for property division cases in dispute, other states abide by community property laws. This means that marital property is split equally.

Bringing a divorce to court may not preferable or be in the best interests of every couple. After all, it can be stressful and costly. This is why it is best to consider all options, including mediation or some other collaborative approach, before filing for divorce.

Source: The Huffington Post, "Why Where You Divorce Matters: Equitable Distribution vs. Community Property," David Centeno, Aug. 28, 2013

No Comments

Leave a comment
Comment Information

Learn How We Can Help You

Schedule Your

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Goddard & Malmquist

Goddard & Malmquist
1250 South Grove Avenue
Suite 101
Barrington, IL 60010

Phone: 847-382-3995
Fax: 847-382-4038
Map & Directions

Chicago Office
333 W. Wacker
Suite 500
Chicago, IL 60606

Map & Directions