One of the several decisions a judge must make in a divorce is the division of property and debt. The regulations and results can vary by state, but in Illinois specifically, the division does not need to be equal. That said, before a decision can happen, you’ll need to identify the marital property and separate property. So, how are property and debts divided during divorce? Let’s get into it.Any asset attained during the marriage is marital property. For example, if your spouse bought their dream car during the marriage, generally the law would consider the car your property too since it occurred within the marriage. However, if one spouse can prove that their income mainly contributed to attaining the asset, the judge may decide to rule it their asset, even if it’s technically yours.Any asset attained outside the marriage is separate property. For example, if your spouse purchased a boat before marriage in their name, the law wouldn’t consider the boat your property. However, some spouses will sign an agreement when they get married stating that they will share the assets.It’s important to have documentation showing when you and your spouse incurred any debt because you don’t want to end up being responsible for paying their debt. For example, if your spouse went to med school and took out loans before you were married, the debt is their responsibility to repay. However, if you and your spouse maxed out credit cards during the marriage, then you will both be responsible for repayment. Now, the judge will take into consideration if the debt benefits one spouse over the other and may decide to have that spouse take on most of the debt.To reiterate, the judge will consider who’s mostly responsible for the debt. Going back to the med school example, if your spouse went to med school and has a larger salary, you’re not benefiting from their income—at least not anymore. So, the judge can consider the following: • How long you were married • Each spouse’s financial wellness • The likelihood of each spouse paying back the debt • The tax background of each spouse • The responsibilities of each spouse, such as child custody and support, and more In general, the division of property and debt during divorce is based on when you incurred the debt and attained the property. There are several factors that go into answering these questions, such as who’s more obligated to repay the debt, and who really paid for the property. To ensure you’re getting a fair deal, you’re going to need a lawyer. Contact SDF Law for a property division lawyer in Chicago and surrounding areas. Our team of lawyers will assist you in navigating the complexity of divorce.