Complex Property Division

Just Distribution of Marital Assets under Illinois Law

At the suburban Chicago family law firm of Thomas W. Hunter, Attorney at Law, we offer experienced and highly skilled representation to divorce clients whose property division issues present problems of complexity, scale, or even the possibility of fraud. To learn how we can help you achieve a favorable resolution of complex property division issues, contact us in Barrington for a free consultation.

Under Illinois law, family court judges are required to make a "just distribution" of marital assets between the spouses—in general, property acquired by either or both spouses during the marriage. What constitutes a fair division of property between the spouses is left largely to the court's discretion, subject to a list of factors that the judge is required to consider.

In divorces involving couples with high net worth, family business assets, or executive compensation packages, several problems must be resolved: can either spouse claim a particular asset as separate property not subject to just distribution? What is a particular asset actually worth? Have both spouses fully and accurately disclosed their income and assets? Does a prenuptial agreement operate to restrict either spouse's rights to marital property? Should a particular asset, say, vested stock options held by a Section 10(b)(5) controlling person, be treated as income for maintenance and support purposes, or be regarded instead as marital property subject to division between the spouses?

The law does not provide a clear answer to all of these questions, but our experience with the valuation, negotiation, and litigation of property division issues in complex divorce cases of all kinds can represent a clear advantage for our clients in both settlement negotiations and at trial.

Additionally, we are always careful to consider the tax implications of any proposed property settlement agreement. Your tax attributes should be considered as assets or liabilities of the marital estate just as much as your house and your car. Our ability to identify the tax consequences of your property settlement will in many cases maximize the size of the marital estate for the benefit of both spouses, but when push comes to shove, we do our best to ensure your interests.

Whether your divorce will involve the valuation of family business assets, the appraisal or liquidation of art collections, or even the discovery of assets fraudulently concealed by your spouse, our lawyers know how to protect and advance your interests. For additional information about our ability to represent you effectively, contact a lawyer at the Barrington office of Thomas W. Hunter, Attorney at Law.