A $20 million wrongful conviction settlement is making headlines in Chicago—not just for the legal victory, but because it's now heading straight into divorce court. As someone who's guided countless high-net-worth clients through complex asset division, I can tell you this case perfectly illustrates what happens when life-changing money meets marriage dissolution.
The Reality of Large Settlements in Divorce
Here's what most people don't understand: the timing of when you receive a large settlement can dramatically impact your divorce outcome. In Illinois, courts generally consider settlements received during marriage as marital property—even if the underlying incident happened to one spouse alone.
I've seen this scenario dozens of times. A client receives a substantial personal injury award, inheritance, or business settlement, and suddenly their divorce becomes exponentially more complicated. The emotional weight of "this happened to me" crashes into the legal reality of "but it happened while we were married."
Three Critical Factors That Determine Your Settlement's Fate
1. When the settlement was received
Illinois follows equitable distribution laws. If you received the settlement during your marriage, the court will likely view at least a portion as marital property. However, timing isn't everything—the source and nature of the settlement matter tremendously.
2. How the money was handled
Did you deposit the settlement into a joint account? Use it to pay household expenses? Purchase marital assets? These actions can "commingle" what might have been separate property, making it divisible in divorce. I always tell clients: how you handle money matters as much as when you received it.
3. What the settlement compensates
Courts distinguish between different types of compensation. Future lost earnings? That might be marital property. Compensation for personal pain and suffering? Potentially separate property. The $20 million in this Chicago case will be dissected line by line to determine which portions fall into which category.
What You Can Do to Protect Yourself
If you're facing divorce with significant assets—whether from settlements, business interests, or investments—here's what I recommend:
Document everything immediately. Gather records showing the source of all major assets, when they were acquired, and how they've been used. The spouse who comes to court with organized documentation has a significant advantage.
Don't make major financial moves alone. I've seen clients drain accounts, make large purchases, or transfer assets thinking they're protecting themselves. These moves almost always backfire and can be seen as attempting to hide marital property.
Understand that "fair" doesn't mean "equal." Illinois courts aim for equitable distribution, not necessarily a 50/50 split. Your contribution to the marriage, the length of your marriage, and each spouse's financial needs all factor into the final decision.
The Human Side of High-Stakes Divorce
Beyond the legal complexities, cases involving substantial settlements carry enormous emotional weight. The spouse who endured whatever led to that settlement—wrongful conviction, medical malpractice, serious injury—often feels doubly victimized when facing divorce.
I get it. You've been through trauma, fought for justice, finally received compensation, and now face losing a significant portion in divorce proceedings. It feels fundamentally unfair.
But here's what I've learned after handling hundreds of these cases: the goal isn't to "win" every dollar. It's to achieve a resolution that lets you move forward financially secure and emotionally whole.
Moving Forward with Clarity
Every high-asset divorce is unique, but they all share common elements: complex valuations, tax implications, and the need for experienced legal guidance. Whether you're the settlement recipient or the other spouse, understanding Illinois law and having realistic expectations will serve you better than fighting over every detail.
The Chicago wrongful conviction case will unfold in the public eye, but your divorce doesn't have to. With the right legal strategy and clear understanding of Illinois property laws, you can protect your interests while maintaining your privacy and dignity.
If you're facing divorce with substantial assets at stake, don't navigate this alone. The decisions you make in the coming weeks and months will impact your financial future for years to come.
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.
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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