How Much Does Property Division in Divorce Cost in Illinois? (2025 Prices)

Published: 2/25/2026
By Jonathan D. Steele
How Much Does Property Division in Divorce Cost in Illinois? (2025 Prices)

How Much Does Property Division in Divorce Cost in Illinois? (2025 Prices)?

Quick Answer: Case Summary: In re Marriage of Chapman Hardeman - This article examines property division costs in Illinois divorces, which range from $5,000 to over $100,000 depending on case complexity, and uses *In re Marriage of Chapman Hardeman* to illustrate how Illinois law under Section 503(b)(1) presumes property acquired during marriage is marital property regardless of title—meaning a spouse whose name is on the deed still bears the burden of proving separate ownership with documented evidence. The case demonstrates that without proper documentation of contributions like down payments, even a spouse who made all mortgage payments and had exclusive possession for a decade may see the property split 50/50, underscoring the importance of maintaining thorough financial records throughout a marriage.
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Frequently Asked Questions

How does Illinois divide marital property in divorce?

Illinois is an equitable distribution state under 750 ILCS 5/503. Courts divide marital property fairly (not necessarily equally) based on factors including marriage length, each spouse's contributions, economic circumstances, and any dissipation of assets. Property acquired during marriage is presumed marital.

What is the difference between marital and non-marital property?

Marital property is acquired during the marriage and is subject to division. Non-marital property includes assets owned before marriage, inheritances, and gifts received by one spouse individually. Non-marital property can become marital through commingling or transmutation.

What is dissipation of marital assets?

Dissipation occurs when one spouse uses marital funds for non-marital purposes during the breakdown of the marriage-often spending on a new relationship, gambling, or excessive personal expenses. Illinois courts can award the dissipating spouse a smaller share of remaining assets to compensate.

Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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