Equitable Distribution: Fair Might Not Mean Equal

Divorce can be a complex process, especially when it comes to dividing marital assets and debts. Illinois, like many states, operates under a system called “equitable distribution.” This means the court prioritizes fairness over equality when determining how marital property and liabilities will be allocated. Here is why “fair might not mean equal.”

What Does Equitable Distribution Mean?

Equitable distribution simply means that the court will divide marital property and debts in a way it deems fair and just, considering several factors beyond just the quantity of assets. Here’s how it works:

Identifying Marital and Separate Property: The court first classifies all assets and debts as either marital or separate. This distinction is crucial. Marital property, acquired during the marriage with joint funds, is subject to equitable distribution. Separate property, owned by one spouse before the marriage or inherited individually, generally remains with that spouse.

Factors Considered for an Equitable Distribution

Once marital assets and debts are identified, the court considers various factors to determine a fair division. Here are some key considerations:

• The length of the marriage: Longer marriages generally result in a more even distribution of marital assets.
• The income and earning potential of each spouse: A spouse with a higher income may be awarded less property to ensure financial stability for both parties.
• The contributions of each spouse: Contributions can include financial contributions, childrearing, or homemaking. Both financial and non-financial contributions are valued.
• The needs of the children: The court prioritizes a living situation that meets the children’s best interests. This may impact how marital assets like the family home are divided.
• Debts incurred during the marriage: These are generally divided equitably, though specific circumstances may influence the decision.
• Tax implications: The court considers how dividing assets will affect each spouse’s tax burden.
• Premarital agreements: If one exists, its terms can influence the division of property, though the court will still consider fairness.

Ad no, the Court is not going to punish someone if they are a jerk. Illinois is a no-fault state which means that Illinois accepts the fact that your marriage is over. Divorce Courts do not punish mean people, adulterers and jerks with less stuff.

Why “Fair” Doesn’t Always Mean “Equal”

Here are some scenarios where a 50/50 split wouldn’t be considered equitable:

• One spouse entered the marriage with significant assets: Assets brought into the marriage by a spouse may remain separate property. The rest of the assets may not be divided equally.
• One spouse stayed home to raise children: A spouse who significantly sacrificed their career to raise children may be awarded a larger share of marital assets to compensate for lost earning potential.
• One spouse mismanaged marital assets: If one spouse gambled away marital funds and fueled a drug habit, the court might consider this when dividing remaining assets.

Benefits of Equitable Distribution

Equitable distribution allows for a more nuanced approach to dividing marital property. It considers the specific circumstances of each case and ensures a fairer outcome for both parties.

• Accounts for Individual Contributions: It recognizes the contributions, both financial and non-financial, of each spouse during the marriage.
• Protects Spouses with Lower Earning Potential: It helps prevent a spouse who sacrificed their career for the family from being financially disadvantaged in the divorce.
• Flexibility to Address Specific Situations: It allows consideration of unique situations, like debt incurred by one spouse or inheritance received by the other.

Understanding Equitable Distribution Can Help You Navigate Divorce More Effectively

Knowing how equitable distribution works allows you to see that fair is not equal. This empowers you to try creative solutions to resolve your conflicts. I can then help you turn those agreements into your divorce. After over 20 years of practice, I have helped my clients craft many fair but uneven settlements. Reach out to my office to see if I can turn your agreements into your uncontested divorce.

Disclaimer: The information herein is intended for general informational purposes only and should not be construed as legal advice. Laws are complex and vary by jurisdiction. Always consult with a qualified attorney regarding your specific legal situation.