Q: Will disability affect equal division of assets in Illinois divorce?

A: Perhaps. A number of issues affect the division of assets and maintenance. You might look at 750 ilcs 5/504 and 750 ilcs 5/503 for guidance.

A: It might. However, if you and your wife are in agreement, the court must honor your agreement unless it is considered unconscionable. You may want to speak with a local attorney to review the specifics of your case so that they could better answer your question.

A: In Illinois, the law follows the principle of equitable distribution, which doesn't always mean a perfect 50/50 split, but rather what’s fair based on both parties’ circumstances. The fact that your wife is on disability can be one of the many factors a judge might consider, especially if her ability to earn income is limited now or in the future. Even if you both agree to split everything equally, the court still has the power to review and approve that division to ensure it’s fair.

Her disability could impact how things like spousal support (maintenance) are approached. For example, if she has a long-term disability that affects her financial independence, she might be awarded a larger share of the marital assets or receive maintenance to help support her. That said, if you’ve both come to an agreement and it doesn’t appear one-sided or unjust, the court may very well accept it.

It's a good idea to make sure your agreement is thorough and that it clearly lays out how you’ll divide your assets. Include all details about retirement accounts, property, and any ongoing financial support, especially in light of her disability. If her condition has long-term implications, addressing them up front will help prevent any challenges later on.