Customarily, it does not matter who initiates the divorce in Illinois. The Illinois Marriage and Dissolution of Marriage Statute at 750 ILCS 5/503(d) provides that the conduct of a spouse should not effect how property is distributed in a divorce. There are limited exceptions to this rule and other legal approaches to recoup losses in circumstances such as when a spouse has gambled away hard earned marital savings. The Court will look for fair and just solutions in family law, but that does not mean always mean equal. Look at the following image:
Our courts are mandated to seek fair solutions to legal problems within the guidelines of the laws. If you wish to maintain the lifestyle you enjoyed during the marriage, and allowing you to keep the house as part of the settlement is a fair and financially feasible solution to achieve that goal, you may be able to keep your house. To be able to more accurately predict results in property distribution for our clients, we research a client’s financial history and use the information we obtain to create an accurate and comprehensive marital financial statement. We have learned that the farther apart the spouses are on an income earning/non-marital asset scale, the more likely the larger wage earner will receive less assets, be required to pay extended support or both. For example where two spouses have approximately the same six figure salary, a Court would most likely deny either party spousal support. Alternatively, where one party makes six figures and the other party has not worked in twenty years, the likelihood of the Court ordering spousal support is almost assured.