Can a Judge Order Unequal Property Division in Illinois?

 Posted on October 20, 2025 in Asset Division

Illinois is an equitable distribution state. This means that property is divided fairly, which does not necessarily mean equally. In some cases, a judge can decide that one spouse should receive a larger share of the marital assets. It all depends on the unique circumstances of your case. For guidance, contact a DuPage County, IL divorce lawyer at Andrew Cores Family Law Group today.

What Does Equitable Distribution Mean in Illinois?

Section 503 of the Illinois Marriage and Dissolution of Marriage Act governs property distribution. It states that marital property is divided based on fairness instead of a strict 50/50 split. Marital property includes income, homes, vehicles, and debts that were acquired during the marriage. Non-marital property, such as inheritances, gifts, or items you owned before the marriage, usually stays with the original owner.

The purpose of equitable distribution is to reach a fair outcome for both spouses and ensure you both have financial stability after the divorce. The court reviews your financial situation and what you contributed during the marriage when deciding what is fair.

Common Situations That Lead To Unequal Property Division in an Illinois Divorce

Many divorces result in a close-to-even split. However, some situations lead a judge to divide property unequally. Common examples include:

• Marital funds were spent on gambling, an affair, or other personal activities unrelated to the marriage.

• A stay-at-home parent gave up a career to care for children or manage the household.

• Significant financial or emotional support was provided to help a partner earn a degree or build a business.

• There are large disparities between the spouses’ income, health, or future earning potential.

• The parent with primary custody needs the family home to provide stability for the children.

• Money or property was hidden, wasted, or transferred before the divorce to reduce the marital estate and manipulate the division of assets.

In every case, judges aim to ensure that the final division reflects fairness based on the couple’s financial and personal circumstances.

How Do Illinois Courts Determine Fairness for Property Division?

Judges can look at financial documents, property appraisals, and witness testimony to decide what is fair. They also consider both economic and non-economic contributions to the marriage. Economic contributions include earning income or paying for family expenses. Non-economic contributions mean raising children, maintaining the home, or supporting a working spouse. Both are equally important in the court’s eyes.

Full disclosure is expected during the process. Both spouses must share accurate details about their income, debts, and assets. If anyone hides money or fails to report something, there are consequences. The judge could penalize the spouse who hid assets by giving the other spouse a larger share of the property.

Protecting Your Property Rights During an Illinois Divorce

To protect your property, start by gathering your financial records, including tax returns, pay stubs, bank statements, and loan documents. Keep copies of titles, deeds, and investment information. Be open about your finances and talk to your attorney if you think your spouse is hiding or wasting assets. An experienced divorce lawyer can help you value your property correctly and present evidence that supports your position.

Contact a Wheaton, IL Divorce Attorney Today

Our team of experienced DuPage County, IL divorce lawyers can fight to protect your assets and rights. Attorney Andy Cores, a Fellow of the Collaborative Law Institute of Illinois and former TEC Committee member, uses his collaborative law background to guide clients toward fair and effective solutions during divorce. He will ensure that you receive a fair settlement and strive for a peaceful process.

Contact Andrew Cores Family Law Group at 630-871-1002 to schedule a free consultation today.