Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts where Divorce Action Filed - Illinois 2025

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Assets that may be protected from equitable distribution during a divorce are typically belong to one of two types: premarital property that has been kept from being commingled or transitioned and gifts or inheritances.
What About Separate Accounts Before Marriage? Accounts made before marriage are considered non-marital property. However, any contributions made to those accounts by the other spouse while married can be seen as marital funds. These funds are then subject to the same division as any other marital property.
Illinois is an equitable division of property state. This means they dont split assets 50/50 down the middle. Instead, the court divides property based on each partys contribution and situation.
Generally, separate property is: Anything you earned or owned (or a debt) from before you married or after you separated. Anything you buy with separate property or you earn from separate property. Gifts or inheritance (to one of you) even if it was given or inherited when you were married.
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. Marital property does not have to be split evenly, rather it is split equitably.

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Under Illinois law, a party can only be kicked out by court order and the court will only order it if not doing so would harm the physical or mental well-being of a spouse or child. The order can determine whether a party should have sole access to the home and if a party needs to be kicked out.
Legal separation allows couples in Illinois to live apart while maintaining their marital status, unlike divorce, which terminates the marriage. Notably, both processes handle critical issues like property division and spousal support.

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