To understand how courts divide a couple’s property during divorce proceedings, you must first know which property is off limits, meaning not subject to division because it is considered separate non-marital property.
Separate non-marital property includes:
- Property acquired before the marriage
- Property acquired by gift, legacy or descent
- Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent
- Property acquired by a spouse after a judgment of legal separation
- Property excluded by valid agreement of the parties
- Any judgment or property obtained by judgment awarded to a spouse from the other spouse
The increase in value of property acquired by one of the methods listed above, irrespective of whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise, subject to the right of reimbursement if the property is comingled. This right of reimbursement allows a spouse to be compensated for his/her personal effort or contribution of property. For example, if spouse A owns a house prior to the marriage and then spouse B spends his/her personal effort and part of his/her paycheck to improve the house, he/she may be compensated for the personal effort and/or money he/she contributed.
Income from property acquired by a method listed above if the income is NOT attributable to the personal effort of a spouse.
For more information regarding Property Division speak with a knowledgeable divorce attorney in Bloomington, IL, contact the family law firm of Koth Gregory & Nieminski at 309-828-5090. Let us ease your burden and be your advocate.
The intent of this Blog is to provide general information and should not be construed as legal advice. Koth, Gregory & Nieminski, P.C. does not represent/guarantee that the information in this Blog is current and the information is provided as is without any representation/warranty as to whether the information is current and without any representation/warranty as to applicability, reliability, merchantability, fitness, non-infringement, result, or any other matter. The existence of the blog, receipt of its information, and/or comments/questions do NOT create an attorney-client relationship between Koth, Gregory & Nieminski, P.C. or any of its attorneys. Please do not send Koth, Gregory & Nieminski, P.C. any confidential material or information. Viewers of this Blog should NOT act/refrain from acting based on information contained in this blog and Koth, Gregory & Nieminski, P.C. expressly disclaims all liability for actions/failures to act based on this Blog.
Koth, Gregory & Nieminski Law Firm