Illinois Marital Settlement Agreement
An Illinois marital settlement agreement lets divorcing spouses divide their marital property in just proportions, set maintenance, and address custody and child support, then have those terms set forth in the divorce judgment. Attorney review available.
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Introduction
Illinois divides marital property in just proportions rather than 50/50 (750 ILCS 5/503), and a marital settlement agreement is the written contract spouses use to set that division, maintenance, and (by reference) custody and child support for the court to set forth in the judgment. Illinois is not a community property state. It follows equitable distribution: the court divides marital property without regard to marital misconduct in just proportions considering all relevant factors (750 ILCS 5/503), which means a fair division that is not necessarily an equal 50/50 split. A marital settlement agreement lets you set that division yourselves. Under 750 ILCS 5/502 the parties may enter a written agreement covering property, maintenance, support, and parental responsibility, and unless it is unconscionable those terms are binding on the court and are set forth in the judgment. Illinois has a statutory maintenance guideline formula (750 ILCS 5/504): for parties whose combined gross income is under $500,000 and where the payor has no prior support obligation, the guideline amount is 33 1/3 percent of the payor net annual income minus 25 percent of the payee net annual income, capped so the payee does not receive more than 40 percent of the combined net income, with duration set by the length of the marriage times a statutory factor. Custody and child support follow the Illinois statutory guidelines (750 ILCS 5/505), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. DocDraft builds your Illinois marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
In Illinois, which calls spousal support maintenance and sets it by a statutory guideline formula, a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, that maintenance, and by reference custody and child support so the terms can be set forth in the judgment that ends the marriage.
- 2
Illinois is an equitable distribution state, not a community property state: the court divides marital property without regard to marital misconduct in just proportions considering all relevant factors (750 ILCS 5/503), a fair division that is not necessarily an equal 50/50 split.
- 3
Marital property is generally all property and debts acquired by either spouse after the marriage (750 ILCS 5/503); non-marital property, such as gifts, inheritances, and property owned before the marriage, is assigned to the spouse who owns it rather than divided.
- 4
Illinois has a statutory maintenance guideline formula (750 ILCS 5/504). When the parties combined gross annual income is under $500,000 and the payor has no prior support obligation, the guideline amount is 33 1/3 percent of the payor net annual income minus 25 percent of the payee net annual income.
- 5
The maintenance guideline has a cap: the amount, when added to the payee net income, cannot result in the payee receiving more than 40 percent of the combined net income (750 ILCS 5/504). Duration is set by the length of the marriage multiplied by a statutory factor.
- 6
Under 750 ILCS 5/502 a written settlement agreement is binding on the court unless it is unconscionable, except for terms on child support and parental responsibility. Unless the agreement provides otherwise, its terms are set forth in the judgment and the parties are ordered to perform under them.
- 7
Child support follows the Illinois statutory child support guidelines (750 ILCS 5/505), which are based on the combined net income of both parents. Child support and parental responsibility stay subject to court approval and remain modifiable, and cannot be bargained away.
Key decisions before you file
Before you file a Marital Settlement Agreement in Illinois, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Illinois Requirements for Marital Settlement Agreement
Equitable Distribution, Just Proportions
Illinois is an equitable distribution state, not a community property state. The court divides marital property without regard to marital misconduct in just proportions considering all relevant factors (750 ILCS 5/503), a fair division that is not necessarily an equal 50/50 split.
Marital vs Non-Marital Property
Marital property is generally all property and debts acquired by either spouse after the marriage (750 ILCS 5/503). Non-marital property, such as gifts, inheritances, and property owned before the marriage, is assigned to the spouse who owns it rather than divided.
Statutory Maintenance Guideline Formula
Illinois has a statutory maintenance guideline formula (750 ILCS 5/504). When the parties combined gross annual income is under $500,000 and the payor has no prior support obligation, the guideline amount is 33 1/3 percent of the payor net annual income minus 25 percent of the payee net annual income.
Maintenance 40 Percent Cap and Duration
The maintenance guideline amount, when added to the payee net income, cannot result in the payee receiving more than 40 percent of the combined net income (750 ILCS 5/504). Duration is set by the length of the marriage multiplied by a statutory factor.
Child Support Follows the Guidelines
Child support follows the Illinois statutory child support guidelines (750 ILCS 5/505), which are based on the combined net income of both parents. There is a rebuttable presumption that the guideline amount is the correct amount of child support.
Custody and Child Support Stay Modifiable
Child support and parental responsibility terms are not binding on the court (750 ILCS 5/502), remain subject to court approval, and can be modified later in the best interests of the children. These terms cannot be bargained away in a marital settlement agreement.
In Writing and Signed
An Illinois marital settlement agreement must be in writing and signed by both spouses (750 ILCS 5/502). No Illinois statute requires notarization, but signing before a notary can help prove the signatures are genuine.
Binding on the Court and Set Forth in the Judgment
Under 750 ILCS 5/502 the property and maintenance terms are binding on the court unless it finds the agreement unconscionable. Unless the agreement provides to the contrary, its terms are set forth in the judgment and the parties are ordered to perform under them.