During your divorce, you and your spouse will need to address the ownership of all the property and assets you own together, and this will also include dividing marital debts. As long as debt was incurred during the marriage, it is the responsibility of each spouse, and it must be divided equitably and fairly between the spouses.

What Types of Debts Are Considered Marital Debt?

In general, any debt incurred by either spouse during a marriage is considered to be marital debt. Such marital debt may include:

• Credit cards

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As discussed in a previous blog, the division of property in a divorce is a complex and nuanced issue in Illinois. This is because, as with many states, property is not simply divided equally; by law, it must be divided “equitably.” In general, equitable distribution of assets is not a strict and simple process. Typically, the decisions are subjective depending on what the parties or the judge find to be fairest depending on the circumstances. The determination of what is “equitable” is based on a variety of factors.

What Is Considered “Equitable” in Illinois

As mentioned in the last post, only marital property can be divided in a divorce; that is, only property or other assets purchased or obtained during the marriage will be divided. As such, the equitable distribution of property refers only to marital property.

While there might be that rare occasion when what is considered “equitable” in a divorce case just so happens to also be “equal,” more often than not, equitable division of assets is much more complicated and multifaceted. Overall, when determining what is equitable, divorcing spouses, their lawyers, and the judges in their cases may consider any or all of the following:

In the state of Illinois, the division of property between divorcing spouses includes any cars owned by the couple. How vehicles are divided is determined along with other property and assets during the divorce process. Many couples are able to work together to reach an agreement on how to divide assets, but if a settlement cannot be reached through negotiation, mediation, or collaborative law, the distribution of property between the spouses will be determined in court during a trial.

When deciding who will get which marital assets, the court will consider what is “equitable” rather than what is “equal.” This distinction, which is specific to Illinois and many other states, will be discussed further in our next blog post. Regarding cars in general, there are some guidelines to follow when dividing this type of property.

Cars: Separate Property or Marital Property?

Before anything else, it must be determined if the vehicle being discussed is separate property or marital property. Separate property is usually any of the following:

While many of the typical reasons for divorce are longstanding and straightforward, there are some subtler causes that you and your spouse might not have been as attuned to in recent years. Due to new approaches toward marriage and divorce, nearly 50% of married couples may see their marriage end in divorce. Some of these trending causes of divorce include:

1. Level of interest in having children—For many years, having children was the logical and most common next step taken by a couple after getting married. These days, as evidenced by decreased birth rates, spouses are viewing having children as less of a necessity and more of a personal desire. If you want children, and your spouse does not, this could be a contributing factor to divorce.

2. Parental interference—If you or your spouse spend a large amount of time with your parents, this may reduce the amount of quality family time you spend with each other. Parents can also influence a spouse’s attitude or approach toward major life decisions in ways the other spouse does not agree with, which can lead to friction in the relationship.

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In 2016, Illinois became a “no-fault divorce” state. This means that, in the view of the law, the only acceptable grounds for divorce in Illinois are “irreconcilable differences.” Irreconcilable differences are defined as the “irretrievable breakdown” of a marriage in which attempts at reconciliation have failed, and any further attempts at reconciling the marriage will not be in the best interests of the family.

In most cases, a couple will agree that their marriage has experienced an irretrievable breakdown, and they will simply need to state this in the divorce petition filed by one spouse. However, if one spouse does not agree that the marriage should end, irreconcilable differences will be presumed if the couple lives “separate and apart” for at least six continuous months.

Since irreconcilable differences now apply to every divorce in Illinois, they can encompass a wide variety of reasons that people get divorced. For this post, we will focus on typical reasons for divorce to help you decide if divorce is the right move for your relationship. However, in our next blog post, we will look at some trending reasons for divorce that are less traditional but are still quite common.