1776 S. Naperville Road
Building B, Suite 202
Wheaton, IL 60189
630-462-9500630-462-9500
New client after hours number: 630-690-6077
Wheaton Division of Property Attorney
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DuPage County Division of Marital Property Attorneys

Distribution of Marital Property Lawyers Serving Clients in Wheaton, IL

Distributing marital property in a divorce is one of the most complex and sometimes contentious issues to resolve. When two lives are joined in marriage, finances become tangled in a way that can be challenging to separate.

At The Stogsdill Law Firm, P.C., we are highly experienced in handling matters of property division in divorce. We are skilled in working with marital estates of all sizes, including those involving high value assets and complex financial portfolios. Our attorneys are committed to protecting the rights of our clients and strongly advocating for our clients' financial futures.

Marital Versus Non-Marital Property

The State of Illinois is an equitable distribution state. This means that marital assets do not need to be divided evenly in a divorce, but instead must be divided fairly. Before property division decisions can be made, however, a determination must be made by the court concerning what constitutes marital property and which property is non-marital.

Generally, marital property is defined as any property that is acquired during the marriage such as:

  • Real estate (including primary homes, vacation homes, and investment properties);
  • Bank accounts;
  • Investment account;
  • Retirement accounts;
  • Vehicles;
  • Stocks and stock options;
  • Businesses and business interests;
  • Household furnishings;
  • Artwork;
  • Jewelry; and
  • Antiques.

It does not matter how the property is held or whose name is on the title. If it was acquired during the marriage, it is presumed to be marital property. For example, if only one spouse’s name is on a retirement account acquired during the marriage, it is marital property and subject to division in a divorce.

Some assets are considered non-marital property and are excluded from distribution in a divorce. Non-marital assets include:

  • Property acquired prior to the marriage;
  • Gifts and inheritance (kept separately during the marriage);
  • Property bought using non-marital assets;
  • Property acquired after a legal separation; and
  • Property excluded from marital property by a pre- or post-nuptial agreement.

Some assets can transform from non-marital property to marital property because of the way the owner uses, or co-mingles, such property. Our attorneys will explain what constitutes marital property and non-marital property in your divorce, and what you can realistically expect from the property division process.

If you are going through a divorce or anticipate you will be in the near future, contact us at 630-462-9500630-462-9500 to schedule a consultation. We will answer your questions and discuss how we can help protect your rights and interests. Our firm is located in Wheaton, IL and we work with clients throughout Northern Illinois including DuPage County and the surrounding areas.

  • DuPage County Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Rotary of Oak Brook
  • Martindale Hubbell
  • American Institute of Family Law Attorneys
  • American Institute of Family Law Attorneys
  • Top 40 Under 40
  • DCBA Law Firm of the Year
    DCBA Law Firm of the Year 2011, 2013
  • Office of the States Attorney 2006-2007
    Outstanding Service to the Office of the State's Attorney 2006-2007
  • Prosecutor 2012
    Outstanding Misdemeanor Prosecutor 2012
  • AVVO Clients Choice
    Clients' Choice
  • I would highly recommend Tony Sammarco to anyone needing a divorce lawyer. He explained all my options to me and he made sure I understood the process. I am glad I had him there to help me through this difficult time.

  • Thank you doesn’t seem enough for all that Bill Stogsdill and Brett Williamson have done not only for me, but my children as well. When I first met both of these gentlemen, each presented themselves with such self-confidence. I instantly knew...

  • The Stogsdill Law Firm and I were able to obtain sole custody of my son. I am fortunate for the outcome and I am to be a father to my son. Secondly, my ex-spouse was awarded limited portion of the marital estate. Bryan Estes is more than an excellent lawyer...

  • Whenever my opinion is asked by any of my clients, friends or family regarding what law firm someone should use for their divorce my answer is always the same –The Stogsdill Law Firm, P.C. The kids and I are forever indebted to Bill and his firm.

  • Bryan's ability to listen and understand my situation and then offer his advice on how we should proceed was the main reasons I hired Bryan as my attorney. That was the best decision I made, for myself and my children. Bryan helped develop action plans as well as a strategy ...

  • I wanted to thank you for your professional and respectful help with my case. Before entering your law firm, I felt as if my life might be at an end. After being greeted by your office manager, I was completely put at ease. Then after my consultation with you, I knew I was in good hands...

  • Mr. Smit has demonstrated a high degree of loyalty and trust worthiness to his work and to his associates. Justin certainly is an asset to your Law Firm, his organization skills are second to none. I have and will continue to recommend Justin ...

  • I recently made the life-altering decision of ending a 30 year marriage. While the support of family and friends was very important, I knew that choosing the right attorney was vital. In large part, my future would be determined by his legal advice and skills…

  • You've clearly established a client-focus in your office -- providing your clients with the warmth and understanding they need as they go through a very difficult time. Thank you, again, for all your help.

  • Taking that step to file for divorce was probably one of the most life changing decisions I have ever made. The process is very painful and emotionally draining. I retained Robert Boyd and Justin Smit of The Stogsdill Law Firm, P.C...