What If My Spouse Won't Agree to a Fair Property Division in Our Divorce?

 Posted on September 16, 2026 in Property Division

If you and your spouse can agree on how your property will be divided, you may speed up your divorce process and come up with a solution that suits you both. However, this may not be a realistic option. There's always the possibility that your spouse could dig in their heels on the division of various assets. If you cannot reach an agreement, a judge will decide how to divide your marital property.

A Batavia, IL property division attorney can walk you through what you can expect if your spouse won't cooperate during your 2026 divorce.

What Happens if My Spouse and I Can't Agree on Property Division in Our Illinois Divorce?

When spouses can't reach an agreement on their own, the decision about property division is typically handed to a judge. The judge will use the guidelines found in 750 ILCS 5/503. Illinois courts divide marital property in "just proportions" after looking at each spouse’s circumstances.

Court-ordered division can often take longer and cost more than a negotiated settlement. It also often means giving up some control over the outcome.

How Does an Illinois Court Decide What's Fair During Property Division?

Illinois follows equitable distribution rather than a strict 50/50 split. A judge typically weighs factors including:

• Each spouse's contribution to acquiring or preserving the property, including work as a homemaker or caregiver

• Whether either spouse dissipated or wasted marital assets

• The length of the marriage

• Each spouse's age, health, income, and employability

• The value of property being awarded to each spouse

• Possible tax consequences for certain assets

A significant gap in earning power between spouses may affect the final division or how assets such as the marital home are allocated. If one spouse has dissipated assets, the other may be awarded a greater share of the marital estate to compensate.

What Counts as Marital Property in an Illinois Divorce?

In Illinois, most property bought or earned during the marriage is marital property. This is true even if only one spouse’s name is on the title or account. Property owned before the marriage is usually non-marital property. A gift or inheritance given to only one spouse is also usually non-marital.

Some assets can be partly marital and non-marital. For example, one spouse might have opened a retirement account before getting married and then continued adding money during the marriage. The money added before the marriage is usually non-marital, while the money added during the marriage is considered marital.

Businesses can be more difficult to divide. A business started before the marriage does not automatically become marital property because it grew in value. Still, if money earned during the marriage or a spouse’s work helped the business grow, the marital estate could have a right to be repaid for those contributions.

What if My Spouse Is Hiding Assets in Our Illinois Divorce?

Some spouses try to take matters of division into their own hands by hiding assets to make the estate look less valuable. Illinois divorces require both spouses to complete financial disclosure forms listing income, debts, and assets. Knowingly leaving out or misrepresenting financial information can be considered a breach of Illinois law and lead to court penalties.

Common warning signs of hidden assets include unexplained withdrawals from accounts, unfamiliar bank accounts, or business records that don't add up. If you suspect asset hiding, your attorney can request formal discovery. This might include bank records, tax returns, and sworn depositions. In serious cases, a forensic accountant or other financial expert may be brought in to examine your spouse's financial paper trail.

Can Mediation Help if My Spouse Won't Compromise in Our Divorce?

Mediation is an option involving a neutral third party that can sometimes help spouses discuss their disagreements on issues during a divorce. The mediator does not represent either spouse or decide the outcome, but helps them communicate and suggests solutions to problems that the spouses have not been able to solve on their own. If the main problem a couple is having is consistent miscommunication and both spouses are willing to take part in good faith, mediation can be a good step to try before jumping into full court proceedings. However, mediation may not be appropriate in cases involving abuse, manipulation, or hidden assets.

Call a Kane County, IL Property Division Attorney Today

If your spouse won't cooperate on dividing your property fairly, the Law Office of Van A. Larson, P.C. can help you prepare for the next steps in your case.

Attorney Van Larson began his career as a prosecutor with the Kane County State's Attorney's Office. He was later appointed one of the county's first Special Conflict Defenders. He has significant courtroom experience and can help you navigate your contested divorce.

Call 630-879-9090 to schedule a free consultation with our Batavia, IL divorce lawyer today.