Thursday, February 26, 2015

What factors does the judge look at in deciding how to divide marital property?


Excerpt taken from Steven N. Peskind's book titled, Divorce in Illinois: The Legal Process, Your Rights and What to Expect.

Property is ordinarily divided on a 50/50 basis, but under some circumstances the judge might consider dividing assets in other ratios. For example, the judge might give a homemaker 60 percent of the assets, to recognize the fact that her future financial circumstances are not be as promising as those of her working husband. In general, here are the factors that a judge considers in deciding how to divide marital property:
  • The economic contributions of both parties
  • Contributions of services to the marriage: homemaker contributions, for example
  • Dissipation of either party: actions taken to deplete the martial estate during a period when the marriage was undergoing an irreversible breakdown
  • The length of the marriage
  • The relevant economic circumstances of both parties
  • Whether any prenuptial or postnuptial agreements address the distribution of property
  • The age, health, station, occupation, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties
  • The amount of maintenance paid or received
  • The arrangements concerning custody of the children
  • The future ability of the respective spouses to acquire assets or build wealth
  • The tax consequences of the property division on each spouse 

    You can purchase Steven Peskind's book titled, Divorce in Illinois: The Legal Process, Your Rights and What to Expect on Amazon.com by clicking here.

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