The court encourages settlement first. If the parties fail to come to an agreement, the court decides property division.The court will divide the marital property fairly between the spouses. Download our property division worksheet to begin understanding what your property division may look like and what you may need to give up. Learn which property gets divided in an Illinois divorce and how judges decide on a fair distribution of a couple's assets and debts. While you are not required to divide your assets and debts equally, each of you should receive a fair and equitable share of the marital estate. 124 South County Farm Road, Suite C Wheaton, IL 60187. Call Today630-202-8842. contact. Illinois is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses.