Illinois is an “equitable distribution” state; this means that the Court is obligated to distribute all marital property in a fair manner.
Equitable does not mean equal, but rather what is fair. The court encourages the parties to reach a settlement on any marital property (martial property includes most assets and debts a couple acquires during marriage. Property is non-marital if a spouse owned it before marriage or acquired it during marriage by gift or inheritance).
If the parties are unable to reach a settlement with regard to the martial property, the court must divide property without regard to marital misconduct.