How Length of Marriage Impacts Distribution of Marital Property

Family Law Blog

How Length of Marriage Impacts Distribution of Marital Property

December 24, 2019 | Property

How Length of Marriage Impacts Distribution of Marital Property

What happens when divorcing spouses cannot agree on the marital property they receive?  Illinois divorce judges distribute marital property “equitably,” not always 50/50. Two important factors are 1) which spouse contributed to the acquisition of the property, and 2) the duration of the marriage.

If the marriage is short, judges favor the spouse who purchased or acquired the property because the other spouse probably did little to acquire it. For example, in a one-year marriage, a large bonus or commission likely will go to the spouse who earned it.

However, over a long marriage marital property is acquired tangibly and intangibly. The homemaker, for example, who did not earn the bonus or commission gave the other spouse the opportunity to work and earn the bonus or commission. Therefore, in long marriages judges will not favor the spouse who purchased or acquired the property.

The Botti Law Firm, P.C. has been practicing family law for nearly 50 years in DuPage and Cook County.  Please contact us at (630)573-8585 to schedule a free consultation with one of our attorneys.

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