The court will divide the marital property fairly between the spouses. Illinois property division laws ensure fair, not equal, asset distribution in divorce.Factors include income, needs, contributions. Download our property division worksheet to begin understanding what your property division may look like and what you may need to give up. The first step in dividing assets and debts during a divorce is deciding whether property should be categorized as separate (nonmarital) or marital. Both are legally binding on all parties. Property settlement agreements address the division of property in a divorce. If you are going through a divorce, our divorce lawyer Chicago, IL residents trust is here to help. 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. Divorcing couples have various options for handling real estate.