Legal Question in Family Law in Illinois
If something is acquired after seperation is it considered marital assets in illinios?
If a spouse writes a letter stating they are leaving which leads to seperation on that date,is it considered to be proof a legal seperation?
Asked on 12/02/09, 2:49 pm
1 Answer from Attorneys
Jonathan Shimberg
Shimberg and Crohn, P.C.
A legal separation is a court order - not a time when parties separate. Unless and until there is a judgment of legal separation or a written separation agreement, marital property continues to accrue. Thus any assets you acquire when is not a judgment for legal separation or a written separation agreement which provides, in its terms, that property acquired will not be considered marital property, will be held to be marital property. That does not mean it will be evenly divided, however.
Answered on 12/07/09, 3:11 pm
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