Aurora Divorce Attorneys

Distribution of Marital Property

In general, any and all property acquired during the course of a marriage is considered marital property and is therefore subject to equitable distribution. Conversely, any and all property acquired before the marriage would be considered non-marital property. However, these are general rules, and in some instances, non-marital property can later become marital property, if marital funds are used for the non-marital property during the course of the marriage.

Call our Aurora divorce lawyers today at (630) 901-8700 for legal advice and representation.

Marital vs. Non-Marital Property

Marital property usually refers to all property obtained by either spouse throughout the marriage. It is generally presumed that all property obtained by either spouse during the marriage is marital property, regardless of who is considered the title holder. Non-marital property is outlined fairly specifically in the related laws.

Here are several examples of non-marital property, as per the law:

  • Property given to either spouse as a gift, through a will, or by legacy
  • Property obtained by either spouse prior to the marriage
  • Property acquired by either spouse after being legally separated

Marital property is meant to be distributed equitably amongst both spouses. There are several factors a judge will consider when distributing marital property between the two parties. Several of these include the time length of the marriage, the valued property respective to each spouse, and any prenuptial agreements signed before the marriage. We are well-versed in this field of law and our experience has equipped us to handle any and all divorce-related problems you may have. Contact us for more information regarding marital property and get a consultation.

Contact an Aurora divorce lawyer for legal representation in any matter today.

(630) 901-8700

The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties


  • The Law Offices of David Lee Attorney David Lee is trustworthy, consistent and reliable.
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  • The Law Offices of David Lee David is VERY helpful and is ALWAYS available to answer my questions.
  • The Law Offices of David Lee I would highly recommend him to anyone considering a divorce.
  • The Law Offices of David Lee David Lee is responsive, knowledgeable and trustworthy and will give it to you straight.
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