PROPERTY DISTRIBUTION: Illinois is an "equitable distribution" state. Each spouse retains the non-marital (separate) property that he or she owned prior to the marriage and any property acquired by gift or inheritance during the marriage. The court will distribute all other marital property, without regard to fault, considering the following factors: (1) the contribution of each spouse to the acquisition or dissipation of the marital or non-marital property, including the contribution of each spouse as homemaker or to the family unit; (2) the value of each spouse's non-marital property; (3) the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse having custody of the children; (4) the length of the marriage; (5) the age and health of the spouses; (6) the occupation of the spouses; (7) the amount and sources of income of the spouses; (8) the vocational skills of the spouses; (9) the employability of the spouses; (10) the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (11) the federal income tax consequences of the court's division of the property; (12) any premarital agreement; (13) liabilities of the spouses (including obligations from a prior marriage); (14) whether the property award is instead of or in addition to maintenance; and (15) any custodial provisions for the children. [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 503].
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may award maintenance to either spouse for a period of time it considers just. Marital fault is not a factor. The factors to be considered are: (1) the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment; (2) the standard of living established during the marriage; (3) the duration of the marriage; (4) the age of the spouses; (5) the physical and emotional conditions of the spouses; (6) the income and property of each spouse; (7) whether the spouse seeking support is able to support himself or herself or is unable to seek employment because he or she is the custodian of a child; (8) any contributions or service by the spouse seeking support to the education, career, training, potential, or licensure of the other spouse; (9) any marital settlement agreement; and (10) any other just and equitable factor. [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 504].
