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Contributing factors to divorce division

What are some factors that help a judge divide who gets what when it comes to your divorce? When your divorce isn't exactly happening on good terms and you have a few significant items that you and your soon-to-be former spouse both covet, it may help you to gain a firm understanding of how things might work. If not, it may be time to consider negotiations and think about things your spouse may value more than you do.

Illinois is not a community property state and so, when it comes to divorce, a judge will try to split things in an equitable and fair fashion. They strive for this by taking into account:

  • How long you have been married.
  • How old you were when you were married and subsequently, how old you are now.
  • How well off you and your spouse are at the time when each of you are fighting to retain property.
  • The health of each spouse.
  • The needs of each spouse.
  • The employability and income of each spouse.
  • How each person's retained portion of property and assets will be taxed and how that factors into the net worth.
  • Custody and support of any children.
  • Any spousal support or child support and custody requirements of one spouse from a previous marriage.
  • The worth of your and your spouse's property.
  • What you and your spouse contributed toward the value of the property.

When you approach divorce proactively, you stand to gain the most in terms of what you value. Having an Illinois divorce attorney to represent you, negotiate for you and advocate on your behalf can prove invaluable.

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Goddard & Malmquist
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Barrington, IL 60010

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