In Illinois, non-marital property refers to assets owned by one spouse individually. These assets are not subject to division during divorce proceedings. While marital property is divided equitably between both parties, the non-marital property remains with the spouse who owns it. However, it is essential to note that determining what constitutes non-marital property can be a complex process. 

Today, we are going to discuss what is most important to know regarding non-marital property in Illinois. If you are getting a divorce, contact an experienced divorce attorney who will work to ensure you understand your rights and that a positive outcome can be pursued.

Understanding Non-Marital Property 

Non-marital property refers to assets acquired before the marriage, gifts or inheritances given specifically to one spouse, or any property acquired after a legal separation. In Illinois, any property obtained before the marriage is considered non-marital property. For example, a vehicle that a spouse owned before getting married is his or her sole property. The same is true for other assets like real estate or business assets. Furthermore, debts acquired before a marriage are typically classified as non-marital debt. 

There is no question that divorce is rarely ever easy, regardless of how long you and your spouse have been married. However, if you and your spouse have been married for a long time, the drastic changes that come with divorce and the long list of things that must be sorted out will likely be more complex and burdensome than a married couple divorcing after just a year or two of marriage. Sometimes, a marriage may drag on for years or even decades because neither partner wants to deal with the divorce and all the issues that a divorce will entail. 

There tend to be additional divorce concerns for older adults who are leaving their marriages. In this blog, we will take a closer look at what some of those concerns may be. Notably, contacting a knowledgeable divorce attorney can make all the difference in the world if you are interested in pursuing a divorce. While nothing will make the process easy per-say, having a lawyer by your side to advocate for you and your best interests will likely make the process smoother overall. 

What to Consider When Leaving a Long Marriage

If you are in a long-term marriage, you likely have settled into a routine that is years, maybe even decades, in the making. Divorce will upend this routine entirely, which you need to be ready for. Additional special considerations for people leaving long-term marriages include the following:

In the past, most spouses resolved their divorces in court through litigation. It was frequently a strenuous process, even for those in less contentious relationships. Today, divorce techniques involving compromise and negoiation provide an effective alternative to divorce litigation. While amiability can be helpful in reaching a satisfactory compromise on each issue, it is not necessary. Even warring spouses can avoid the stress and cost of litigation by using alternative dispute resolution methods that do not require them to work together directly. Attorney-facilitated negotiation and certain styles of mediation can work well for those who cannot hold a civil conversation or tolerate being in close proximity to their spouse. Resolving a divorce out of court is often in each party’s mutual interests, so it is often possible for spouses to come to an agreement. If you are interested in resolving your high-conflict divorce out of court, it is important to hire an attorney who is a skilled negotiator. 

Tips for Resolving a Contentious Divorce Out of Court 

Taking your case to litigation to spite one another is not likely to leave you in a more advantageous position than an uncontested divorce would unless your spouse truly will not participate in good faith. Tips for succeeding in reaching an agreement despite a high level of conflict include: 

• Stay apart - Often, bringing spouses face to face raises the level of conflict and makes it less likely that a resolution will be reached. It may be wiser to pursue a method of mediation or negotiation that does not involve being in the presence of your spouse or speaking with them directly. 

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When you have been married for a very long time, divorce can be a drastic change for you and your entire family. It can be challenging to go from being partnered to living solo after a long-lasting marriage. Yet for many spouses who divorce after decades of marriage, the divorce has been a long time coming. You may have felt that your marriage was no longer working out years ago, but delayed your divorce for a number of reasons. Some spouses wait until their children have flown the coop, or spend years separated without actually ending the marriage. 

There are specialized divorce concerns for older adults leaving long-term marriages. Everything from working out alimony to dividing substantial marital assets and untangling complex financial situations can be a little different. It is important to work with an experienced divorce attorney when you are seeking to end a lengthy marriage. 

Things to Think About When You Are Ending a Long Marriage

In a long-term marriage, you and your spouse likely settled into a pattern of life that is now changing. Some special concerns you should be aware of include: 

It has become a common trope in movies and music to portray a wealthy person who gets married and subsequently divorced losing half of his—usually the subject is a man—property to his ex-spouse, regardless of the fact that he owned most of the same assets at the time of the marriage. While such a cliché situation is technically possible under the law in some states, the reality in Illinois is generally much different.

Fair Does Not Always Mean Equal

Property division following a divorce in Illinois can be rather complicated, as the law requires marital assets to be divided according to what is equitable and just. While this could result in a clean 50/50 split, there is no guarantee. Rather, the specific circumstances of the marriage, divorce, and expected post-divorce realities must be taken into account to determine the appropriate allocation of assets.

Yours, Mine, or Ours?

The other major point that television portrayals of divorce get tend to get wrong involves what property should and should not be subject to division. In Illinois, only assets that are considered to be part of the marital estate are to be included in the process, not absolutely everything owned by either spouse. The law provides that marital property is any property acquired by either spouse during the course of the marriage with very limited exceptions for gifts and inheritances. Generally, this also means that any property that a spouse owned prior to the marriage is not part of the marital estate. There are ways that separate property may become marital property, and such situations can be very complex.