The law decides what is marital and what is non-marital. It's set up according to the statute and it's very clear. If you have a question of what is marital and non-marital, then you can contact someone like myself or other lawyers and they should be able to very quickly analyze the situation and tell you what's marital and non-marital. Other than the statute, if there's a specific question as to how to interpret the statute, then it would be up to your lawyer and his or her position and in terms, the final matter would then be decided by the judge.
Sean Sullivan is a family lawyer practicing in the Elmhurst, Illinois area at the law offices of Laura M Urbik Kern, specializing in child custody and dissolution in divorce. Visit his website, www.laurakern.com, and Divorce Magazine profile.