Legal Question in Family Law in Illinois

Marital assets clarity needed.

Need help with understanding Marital assets!

Going through a divorce. have been married since sept 5th 1997. have been separated since sept 27th 2003. my wife filed for divorce in march of 2004. shortly after i was served (march 2004)i found out that she received a large settlement amount from a malpractice (or wrongfull death) lawsuit that she instituted in 1998 for her mothers death. we are still seperated and she is trying desperately to speed things along. is she trying to get things over with because may be entitled to a portion of the settlement she was awarded? or am i entitled to any of it at all? does this settlement constitute as an inheritence? we are residents of illinois


Asked on 11/27/04, 1:15 am

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Marital assets clarity needed.

In general marital property is all property acquired during the marriage, no matter how titled, except property acquired during the marriage by gift or inheritance. It is my opinion that the settlement falls under the concept of inheritance.

However, the property statute in the Illinois Divorce Act states that the judge should consider the value of non-marital property when dividing marital property. If the settlement is large then the court could award you with a larger share of the marital assets.

Are you currently being represented by an attorney? If not then I suggest you retain one to reprsent your interests in this divorce matter.

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Answered on 11/28/04, 9:31 pm


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