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Unlike some states, Illinois does not recognize community property. It means that anything you acquire on your own or for yourself during your marriage is not necessarily divisible. However, if you are going through a high asset divorce in Illinois, you have more to lose than other divorcing couples.
State law entitles a surviving spouse to an award of at least $20,000, which is intended to support them for nine months following their spouses death. If there are dependent children, the award increases by $10,000 for each dependent.
Examples of marital property include the marital home, retirement accounts, and vehicles. Illinois is an equitable division state, so marital property does not have to be split evenly. Marital property is property owned by both parties. This type of property is split during the property division phase of a divorce.
Illinois is an equitable distribution state, which means the court wont simply divide marital property evenly. Rather than splitting everything 50/50, they look at each partys current situation and future needs.
Are you legally married after living together for 7 years? To be clear, you cannot enter into a common law marriage in Illinois, no matter how long the relationship lasts. Even if it did, the idea that a common law marriage kicks in automatically after a certain amount of time is a myth.
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For example, Illinois probate law affords special rights to surviving spouses and minor children that could contravene specific provisions in your will. The surviving spouse has the right to renounce the decedents will in favor of taking a statutory (or elective) share of the decedents probate assets.

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