Who Gets What? Asset Division & Spousal Support in Illinois
Divorce isn’t just about signing papers—it’s about protecting your future. Whether you’re worried about who keeps the house, how retirement accounts are divided, or whether spousal support applies to your situation, understanding Illinois laws on asset division and alimony is essential to helping protect what’s rightfully yours.
At Masters Law Group, we’ve guided countless Illinois residents through complex divorce cases, making sure they receive a fair and favorable outcome. In this blog, we’ll break down key factors that influence property division and spousal support so you can make informed decisions about your future.
Let’s dive in.
Illinois Asset Division: How Property is Divided 
Illinois follows an equitable distribution model, meaning property isn’t always split 50/50. Instead, the court looks at various factors to determine a fair division of assets and whether one spouse will receive financial support. Without proper guidance, you could risk losing what’s rightfully yours or paying more than necessary.
What Is Considered Marital Property?
Under Illinois law, marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title. This may include:
- The marital home.
- Bank accounts and investment portfolios.
- Retirement accounts (401(k), IRAs, pensions).
- Vehicles.
- Business interests.
- Debts, including mortgages and credit card balances.
Non-marital property, on the other hand, generally includes:
- Assets owned before marriage.
- Gifts or inheritances received by one spouse.
- Property acquired after a legal separation.
- A prenuptial or postnuptial agreement protects certain assets.
It’s crucial to properly classify marital and non-marital assets to help ensure a fair distribution. Working alongside a divorce attorney can help you navigate this issue.
How Does the Court Decide Asset Division?
Because Illinois is an equitable distribution state, the court considers several factors when dividing assets, including:
- The length of the marriage.
- Each spouse’s financial contributions.
- The value of the property assigned to each spouse.
- The economic circumstances of each spouse post-divorce.
- Any existing prenuptial or postnuptial agreements.
- Tax consequences of property division.
While some cases are settled amicably through negotiation or mediation, others require litigation to resolve disputes. Masters Law Group provides skilled advocacy to help protect your best interests, whether inside or outside the courtroom.
Understanding Spousal Maintenance in Illinois
Spousal maintenance, or alimony, is designed to help the lower-earning spouse maintain financial stability after divorce. While not every divorce results in spousal support, Illinois courts may award maintenance based on specific factors. Here are just a few of those factors:
- Current and future income of each party.
- Current and future financial needs of each party.
- Standard of living during the marriage.
- Length of Marriage.
- Marital agreements such as prenup or postnup.
Illinois law provides a formula for determining maintenance in cases where combined gross income is under $500,000:
(33% of the paying spouse’s net income) – (25% of the receiving spouse’s net income) = Maintenance Amount
The recipient’s income (including maintenance) cannot exceed 40% of the couple’s combined income.
However, judges can deviate from these calculations in unique circumstances. It’s important to remember that each case is different; as such, the court considers a wide range of factors. Working alongside a trusted divorce attorney can help you navigate your spousal maintenance needs.
Types of Spousal Support in Illinois 
Not all spousal support is the same. Illinois law recognizes different types of maintenance, depending on the marriage’s circumstances and the spouses’ financial needs. The type of support awarded can vary based on factors such as the length of the marriage, each spouse’s earning potential, and the financial independence goal of the lower-earning spouse.
Whether the support is temporary, long-term, or subject to modification, the court carefully evaluates each case to determine the most appropriate type of maintenance. Here are the primary forms of spousal support recognized in Illinois:
- Temporary Maintenance: Awarded during divorce proceedings to support the lower-earning spouse until a final settlement is reached.
- Fixed-Term Maintenance: Ordered for a set period, typically when the receiving spouse is expected to become financially independent.
- Reviewable Maintenance: Subject to periodic review, allowing modifications based on changes in financial circumstances.
- Permanent Maintenance – Rare but awarded in long-term marriages where one spouse cannot support themselves due to age or health.
- Rehabilitative Maintenance – Provided to help a spouse pursue education or job training to regain financial independence.
Modifying Spousal Maintenance in Illinois
Divorce is a complex and deeply personal matter, and financial circumstances can change over time. If you need to modify a spousal maintenance (alimony) agreement, having an experienced attorney is essential. In Illinois, maintenance awards can be adjusted under certain conditions, including:
- If the paying spouse’s income goes down.
- If the paying spouse or recipient spouse experiences a dramatic increase in their cost of living (e.g., unexpected illness or medical bills).
- If the recipient-spouse cannot become self-supporting or experiences other financial strains beyond control.
If your financial situation has changed and you need to update or modify your maintenance agreement, contact the trusted divorce attorneys at Masters Law Group for skilled legal guidance.
Final Thoughts
Divorce is a challenging process, but you don’t have to navigate it alone. Whether you are concerned about asset division, spousal support, or enforcing your legal rights, Masters Law Group is here to provide skilled legal guidance and dedicated representation.
Our team understands the complexities of Illinois family law and will work tirelessly to help you achieve a fair and favorable outcome. If you are facing divorce and need experienced legal counsel, don’t hesitate to get in touch.
Contact us today to set up your complimentary consultation.
Illinois Asset Division & Spousal Support FAQs
How can I guarantee a fair division of assets in my divorce?
Our attorneys will work closely with you to identify and classify marital and non-marital property. We advocate for a fair distribution that protects your best interests, whether through divorce mediation or litigation.
What if my spouse is hiding assets?
Hidden assets can significantly impact property division and spousal support calculations. At Masters Law Group, we use forensic accountants, legal discovery tools, and subpoenas to:
- Uncover hidden bank accounts, cryptocurrency, and offshore investments.
- Investigate underreported income or concealed business earnings.
- Help ensure complete financial transparency before settling.
If you suspect your spouse is concealing assets, seeking legal guidance immediately is crucial.
Can I modify or terminate spousal support?
You can petition for a modification if there’s a significant change in financial circumstances. Common reasons include:
- Job loss or income reduction of the paying spouse.
- Remarriage or cohabitation of the receiving spouse.
- Retirement or health issues affecting financial stability.
Our trusted divorce attorneys can help you file a modification request, provide supporting documentation, and represent you in court if necessary.
Will I have to go to court for my divorce settlement?
Not necessarily. Many cases are resolved through mediation or negotiation, avoiding lengthy court battles. However, our award-winning attorneys are prepared to advocate for you in court if litigation is necessary.