Divorce after 50 in Illinois
Not necessarily. An Illinois court gives each spouse their own separate property and divides the marital property in fair shares after weighing all relevant factors, with no rule that the split must be equal.
How long it takes
- Living in the state before you file
- 90 days
- Counted before filing, or before the judge's final findings.
- 750 ILCS 5/401(a)
- Wait after filing
- Not yet checked
- Court filing fee
- Not yet checked
Retirement accounts
Pensions, 401(k)s, IRAs and other retirement plans that either spouse earned or joined during the marriage are presumed to be marital property, and the court divides them in fair shares along with everything else.
750 ILCS 5/503(b)(2) How a 401(k), IRA or pension is dividedAlimony
Set by a formula
If the judge first decides that maintenance is appropriate, and the couple's combined gross income is under $500,000 a year with no support duty from an earlier relationship, Illinois maintenance after the divorce is set by a formula: one third of the payer's net income minus a quarter of the receiver's, capped so the receiver ends up with no more than 40% of the couple's combined net income. The judge can depart from the formula with reasons.
750 ILCS 5/504(b-1)(1)Keep the house, or the 401(k)?
The two are rarely worth the same once selling costs and tax are counted. Put in three figures and see both sides, today and in ten years.
Questions about Illinois
Is Illinois a 50/50 divorce state?
Not necessarily. An Illinois court gives each spouse their own separate property and divides the marital property in fair shares after weighing all relevant factors, with no rule that the split must be equal.
Is Illinois a community property state?
No. Illinois uses equitable distribution. Property acquired during the marriage is divided fairly, which need not mean equally. The court weighs the length of the marriage, each spouse’s earnings and contributions, and their needs after the divorce.
How are retirement accounts divided in a Illinois divorce?
Pensions, 401(k)s, IRAs and other retirement plans that either spouse earned or joined during the marriage are presumed to be marital property, and the court divides them in fair shares along with everything else.
This is a modelled estimate from the figures you entered and the assumptions shown above. It is not legal, tax or financial advice. Divorce law and tax treatment vary by state and by your circumstances; check the result with a lawyer or a divorce financial specialist before acting on it.
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