Download our property division worksheet to begin understanding what your property division may look like and what you may need to give up. A property settlement agreement becomes a legally binding part of the final judgment when your marriage is officially dissolved.Spouses can create marital settlement agreements outlining property division. If no agreement, the court decides after reviewing proposals from both parties. Learn which property gets divided in an Illinois divorce and how judges decide on a fair distribution of a couple's assets and debts. Illinois is an "equitable division" state, which means that the marital property is divided according to what is fair, rather than equally. This agreement is intended to help the parties formalize an allocation of their property and finances.