How to Challenge Nonmarital Property Claims: Proven Strategies from Illinois Courts

Published: 3/27/2026
By Jonathan D. Steele
How to Challenge Nonmarital Property Claims: Proven Strategies from Illinois Courts

How to Challenge Nonmarital Property Claims: Proven Strategies from Illinois Courts?

Quick Answer: Case Summary: In re Marriage of Sawyer, 2025 IL App (5th) 240481-U - The article examines the 2025 Illinois appellate case *In re Marriage of Sawyer*, which affirmed that property acquired before marriage can be classified as marital property when the equity was built during the marriage through mortgage payments and joint contributions, regardless of who holds title. A key legal point is that under 750 ILCS 5/503, Illinois courts focus on contribution and value creation rather than title alone, and the court rejected Zillow estimates as inadmissible hearsay while accepting properly founded lay testimony for property valuation.
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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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