Marital Property vs. Non-Marital Property

When preparing for a divorce, it is important to know the difference between marital property and non-marital property. Most assets acquired by either spouse after the marriage and before a divorce are marital property and are subject to division upon dissolution of marriage. Non-marital property, however, is not divided in divorce. The Illinois Marriage and Dissolution of Marriage Act defines non-marital property in the following way:

  • property acquired by gift, legacy or descent
  • property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent
  • property acquired after a divorce
  • property acquired before the marriage
  • property excluded by valid agreement of the spouses
  • any judgment or property obtained by judgment awarded to a spouse from the other spouse
  • the increase in value of property acquired by a method listed above
  • income from property acquired by a method listed above, if the income is not due to the personal effort of  a spouse

If non-marital property is transferred into some form of co-ownership between the spouses, it becomes marital property. It is necessary to be able to prove that property was acquired in a method listed above, so it won’t be considered marital property.

Additionally, all pension benefits are marital property, regardless of which spouse participates in the pension plan, and all stock options, vested or non-vested, are marital property as well. If it can be proven that the benefits or stock options were acquired before the marriage, they will be considered non-marital property and should not be subject to division.

The division of property is inevitable in divorce almost always. You should make sure that you are treated fairly in divorce. At the Law Office of Martoccio & Martoccio, we are experienced in handling marital debt division issues and defending our clients’ rights in these matters. Contact our skilled division of property attorneys in Hinsdale, Illinois today.

Recent Blog Posts



Free Initial Consultations

phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
address21 North 4th Street, Geneva, IL 60134
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

© 2020 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience