What Leads to Property Division Disputes in Divorce?

 Posted on October 26, 2023 in Divorce

Property division during a divorce tends to be a hot-button issue. When a couple gets divorced, there are often very real concerns about how their property will be divided between them. Since Illinois is an equitable distribution state, assets are not precisely split down the middle 50/50. As a result, nasty disputes can arise over who is entitled to receive what property. If you are looking to dissolve your marriage and wonder what the underlying causes of property disputes are, regardless of whether you are wondering how to anticipate or avoid these disputes, a lawyer experienced in this area of law will be happy to help you.

Three Distinct Causes of Property Disputes 

1. Emotional attachment – This is a common culprit of many property disputes during a divorce. The sentimental value associated with the property, such as the family home, heirlooms, or other personal belongings, can cloud judgment and make it difficult for couples to agree on a fair distribution. Emotional attachment often stems from the memories and significance attached to these assets, making it challenging to approach the division process objectively.

2. Financial contributions during the marriage – If one spouse feels as though they contributed more to the marriage, especially in terms of asset-building, they may feel entitled to a larger share of the assets. At the same time, the other spouse may be arguing for more of an equal distribution. Such circumstances can easily contribute to nasty property disputes.

3. Unknown or hidden assets – Divorce can sometimes reveal hidden assets or instances of financial misconduct, such as unlisted bank accounts, offshore investment accounts, fraudulent activities, and more. Learning that your spouse has hidden assets or is attempting to hide assets from you can brew an environment ripe for a property dispute. In these situations, the aggrieved party may fight for a larger share of the assets to compensate for their ex-spouse’s deception. 

Contact a DuPage County, IL Divorce Lawyer

Hiring a lawyer does not guarantee that a property dispute will not take place during your divorce proceedings. However, hiring a lawyer ensures that if a property dispute arises, you will be prepared to handle it the best you can. The situation you want to avoid is falling into a property dispute without the backing of legal counsel. In such situations, you may be more likely to accept a final divorce settlement that does not reflect your best interests. Contact the esteemed Wheaton, IL divorce attorneys with The Stogsdill Law Firm, P.C. for legal guidance you can trust. Call 630-462-9500 for a private consultation.