Illinois is not a community property state. Instead, it follows the principles of equitable distribution. This means that in a divorce, marital property is divided fairly, not necessarily equally. For example, while a 50/50 split is common, a judge may consider factors like each spouse’s contribution to the marriage, economic circumstances, and duration of the marriage to determine a just division of assets.
The equitable distribution system aims to provide a flexible and individualized approach to property division, recognizing that each marriage and its financial dynamics are unique. Historically, many states operated under common-law property rules where ownership was often solely tied to the individual who earned or acquired the asset. The shift towards equitable distribution reflects a broader societal recognition of the non-financial contributions spouses make to a marriage.