Couples choose to end their marriage for many reasons, including financial problems. Perhaps you were a saver and your spouse was a spender, which caused many arguments or conflicts. Regardless of why you have decided that divorce is your best option, there are many issues you and your spouse will have to resolve before you can legally dissolve your union. Your first thought may be how to divide up your assets and property. However, it is important to remember that any marital debt will also need to be divided before you can finalize your divorce in Illinois.
Debt Allocation in Illinois
When it comes to dividing marital assets, Illinois is an equitable distribution state. This means that each spouse will be allocated a fair amount of the marital estate, including both property and debt. The first step in determining who will be responsible for what is figuring out which assets or debts are part of the marital estate and which ones are considered personal debts. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), any property or debts that you and your spouse acquired after your wedding day and before the day you filed for divorce are included in the marital estate. If the debt was accumulated before you got married or after you filed for divorce, it is usually considered individual debt.
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