Courts exercise broad discretion in distribution of marital property

Family law

By H. Joseph Gitlin

H. Joseph Gitlin is a member of the family law firm of Gitlin & Busche in Woodstock and is the author of “Gitlin on Divorce, a Guide to Illinois Matrimonial Law.” He is also a fellow of the American Academy of Matrimonial Lawyers.

Posted January 9, 2014 2:56 PM

This is the first of a two-part column. The second part will be published on Monday. Section 503(d) of the Illinois Marriage and Dissolution of Marriage Act directs the court to divide marital property “in just proportions.” This is the concept of “equitable distribution.” The below case law points out that the judge has broad discretion in dividing marital property. Some of the holdings demonstrating the broad discretion exercised by the trial courts are reviewed below. An award of 76 percent …

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