When property must be divided during a divorce, Illinois follows an equitable distribution rule, meaning the division must be equitable, which is not necessarily equal. One of the most challenging issues that arise with property division is what is marital and non-marital property.
For example, if you have compensation from a personal injury or workers’ comp case, are those considered marital or non-marital property? If you have questions about property division after reading this blog post, our property division attorney in Chicago, Michael C. Craven, can help today.
How Is Property Divided In An Illinois Divorce?
As stated earlier, Illinois is an equitable property division state, so marital property must be divided fairly, but only sometimes equally. Some of the factors that the judge will consider when dividing property include:
- How long the marriage was
- Each party’s age, health, and position in life
- Whether the spouse is receiving alimony
- The value of property that each party receives
- Each spouse’s financial needs and debts
- Each spouse’s economic circumstances
Some spouses may be able to agree on property division issues on their own, but an attorney or mediator can also help with these critical questions. If you cannot resolve the matter, the court will get involved and decide all property division issues in the divorce.
Are Personal Injury And Workers’ Comp Benefits Marital Or Non-Marital Property?
If you have a personal injury or workers’ comp settlement, you probably want to know if you must divide it with your spouse during a divorce. A critical Illinois case in this area of the law was the Illinois Supreme Court case of In re. Marriage of DeRossett.
In this case, the court used the ‘mechanical approach’ to affirm the court’s previous ruling that when the party was injured when the couple was married, the workers’ compensation settlement would be deemed marital property. That would be the case even if the workers’ comp benefits were paid out after the divorce was finalized. On the other hand, when a spouse was injured before the marriage, the award would be deemed non-marital property.
In DeRossett, despite the workers’ compensation award being marital property, the court decided to split it by a margin of 70/30.
Becuase the award is considered marital property, Illinois’ equitable distribution rule means attorneys can still argue that the injured party should receive a larger part since that party had personal pain and suffering from the injuries or for other reasons.
If you have received a personal injury or workers’ compensation settlement and are getting divorced, it is essential to provide all of the details to your attorney. Whether the settlement will be considered marital or non-marital property will depend on many case-specific factors.
Contact Our Property Division Attorney In Chicago Today
Dealing with property division questions in an Illinois divorce is stressful, but with the help of an experienced attorney, the case can be resolved in the best possible manner. Our property division attorney in Chicago, Michael C. Craven, can help with questions in this contentious area, so please call (312) 621-5234.
