Marital Legal Separation and Property Settlement Agreement for persons with no Children, no Joint Property, or Debts Effective Immediately - Illinois 2025

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Benefits of Legal Separation: Does legal separation protect me financially in Illinois? Yes,but it depends upon the agreements you reach. Legal separation in Illinois can provide financial protection by addressing issues related to property division, debts, and spousal support.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
To file for a separation, the person filing cannot be at fault. This is usually not an issue because Illinois is a no-fault divorce state. The law also states that parties must live physically separate to get a legal separation. But this doesnt mean they need to live in different houses.
If both parties lived in the house, it is a marital asset and will be split. Because Illinois is an equitable distribution state, the marital estate is not always split 50/50. The house cannot be physically split in half, so one party can keep it, it can be sold, or it can continue to be co-owned.
What happens if you are married and the house is not in your name in Illinois? Even if the marital home is not in your name, it will still likely be considered marital property. It depends on the circumstances, but if both parties put money and effort into the house, they both deserve some of what its worth.

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Generally, if you own a house before marriage, it is your separate property. The house would need to be titled in your name alone. If you add her name to the title, then it becomes a marital asset.
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.

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