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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I've been separated 9 out of 11 yrs in illinois will

Customer Question

Hi doug I've been separated 9 out of 11 yrs in illinois will that affect Marital property division
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Under IL law, all property acquired by either spouse after the marriage and before a judgment of dissolution, is presumed to be marital property. Unless you have acquired a legal separation through the IL court, then the fact that you have been living apart for 9 of 11 years does not directly impact the division of marital property. But a judge may take into consideration many other factors which are impacted by your separation---so in effect, the separation could be considered a secondary factor.

However IL is not a community property state either and the court may divide the property other than 50/50.

Please refer to this article for a discussion of property distribution under IL Equitable Distribution rules. See: How are property and debt distributed between the parties in a divorce case? http://www.divorcenet.com/states/illinois/ilfaq_05

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug