This one again is a complex question and I don’t know if I can completely and accurately answer it today given just this specific fact pattern. But the short answer is first, you’d have to look at the rules governing property division under the statute, which again in this case is the Illinois Marriage and Dissolution of Marriage Statute. And then the long answer is you have to look at each specific asset, how it’s been transferred and maintained. Also, do you suspect that there are funds that have been mixed in, such as co-mingling or marital funds being used or non-marital funds being used? If so, then you should consult an experienced family lawyer and have him address all those separate issues and then work with you together to decide what is the best answer.
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.