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Family Law Newsletter

Marital & Non-marital Property

Illinois Division of Assets Attorney

Most people believe that all property held by any person involved in a marriage is marital property, and as such, part of the marital estate. This is not true. Many types of property are not marital property. For over forty years the Law Offices of Elliot Heidelberger has been helping clients throughout Cook, Kane, DuPage, Lake and Mc Henry counties--including courthouses in Skokie, Rolling Meadows and Chicago-- determine what is and is not part of the marital estate and develop equitable property division settlements.

Experienced Marital and Non-Marital Property Attorneys

Since most people going through a divorce believe that all property is jointly owned, they do little to ensure that their interests are protected. Our asset division attorneys routinely assist our clients in determining a fair and equitable distribution of marital property for couples with complex finances.

It is important to understand what is and is not part of the marital estate. Most property acquired during the marriage is part of the marital estate. However, property acquired during the marriage through a gift or inheritance, as well as any increase in value of that property, is not part of the marital estate. Of course, property acquired prior to the marriage is not part of the marital estate. An additional exception in both of these cases is when the owner of the non-marital property adds their spouse's name to the title of the property or commingles it with other property that is marital.

Another important component of many divorce disputes is the valuation of businesses for people who are self employed and for those who own substantial stock in closely held businesses. Our law firm routinely works with experts in business valuation to determine the value of family owned and closely held businesses.

Once we have a complete picture of the assets in the marital estate and a valuation of those assets, we work with our client to determine an equitable asset distribution. Many factors are involved in determining how assets will be distributed including the spouse’s ability to make a living, their age, health, and education, and the amount of child support that is paid.

Contact Our Asset Division Lawyers

If you are currently involved in a divorce or are considering filing for divorce and need legal advice regarding marital and non-marital issues, please contact the Law Offices of Elliot Heidelberger. Our experienced asset division lawyers will provide the legal advice necessary to protect our clients’ rights and interests.

The Law Offices of Elliot Heidelberger provides family law representation for clients throughout Chicago and the Northwest suburbs of Chicago. We have offices located in Hanover Park, Illinois and Chicago, Illinois and represent clients across the Chicagoland, including the communities of Hanover Park, Streamwood, Schaumburg, Bartlett, Hoffman Estates, Elgin, Palatine, Arlington Heights, Bloomingdale, Roselle, and Carol Stream. Our attorneys regularly appear in many regional courts, such as the 2nd Municipal Court in Skokie, Illinois, the 3rd Municipal Court in Rolling Meadows, Illinois, and family law courts in Chicago-Cook County, Kane County, Lake County, DuPage County, and Mc Henry County.

Serving Families for Over 40 Years.
Practice Area Focus: Contact Information:
Contact Information:

Law Offices of
Elliot Heidelberger

Hanover Park Office:
7225 Longmeadow Lane
Hanover Park, IL 60103-3729

Phone: 630-289-4000
Fax: 630-289-3444
E-Mail: Contact Us


Chicago Office:
20 N. Clark St., Suite 1725
Chicago, IL 60602-4101

Phone: 312-443-8003
Fax: 630-289-3444
E-Mail: Contact Us

The Law Offices of Elliot Heidelberger provides family law representation for clients throughout Chicago and the Northwest suburbs of Chicago. We have offices located in Hanover Park, Illinois and Chicago, Illinois and represent clients across Chicagoland, including the communities of Hanover Park, Streamwood, Schaumburg, Bartlett, Hoffman Estates, Elgin, Palatine, Arlington Heights, Bloomingdale, Roselle, and Carol Stream. Our attorneys regularly appear in many regional courts, such as the 2nd Municipal Court in Skokie, Illinois, the 3rd Municipal Court in Rolling Meadows, Illinois, and family law courts in Chicago-Cook County, Kane County, Lake County, DuPage County, and Mc Henry County.