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Is Illinois a community property state?

No. Illinois courts give each spouse their non-marital property and divide marital property in just proportions, without regard to marital misconduct, after considering relevant factors. Gifts, inheritances and property from before the marriage are generally non-marital.[1]

Property system
Equitable

Marital property defined in 750 ILCS 5/503(a)[1]

At divorce
Just proportions

The court sets the split under this standard · 750 ILCS 5/503(d)[1]

What Illinois’s statutes say

  1. Dividing property at divorce

    Each spouse keeps their non-marital property, and the court divides marital property in just proportions, without regard to marital misconduct, after considering all relevant factors.[1]

    “It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors”[1]

    750 ILCS 5/503(d) · checked October 26, 2026

  2. Marital property

    Marital property is all property, including debts, acquired by either spouse after the marriage, except listed non-marital property.[1]

    “‘marital property’ means all property, including debts and other obligations, acquired by either spouse subsequent to the marriage, except the following, which is known as ‘non-marital property’ …”[1]

    750 ILCS 5/503(a) · checked October 26, 2026

  3. Nonmarital property

    Non-marital property includes gifts, legacies and inheritances (and property exchanged for them), property acquired before marriage, property excluded by agreement, and the increase in value of non-marital property.[1]

    “(1) property acquired by gift, legacy or descent or property acquired in exchange for such property …”[1]

    750 ILCS 5/503(a)(1) · checked October 26, 2026

Dividing property in Illinois? Work it out with a court-listed mediator

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Divorce in Illinois

Sources

Illinois’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.

  1. 750 ILCS 5/503(d) (Illinois General Assembly)ilga.govchecked ↩