Division of Assets and Debt – Divorce Laws Illinois

One of the most important issues that needs to be resolved when a divorce occurs is the division of property and assets.  All finances and assets must be disclosed to determine what is considered marital property and how the marital property will be divided.  The other thing that must be considered with the division of assets is any debts the couple may have.  It can be difficult for couples to reach an agreement regarding these issues which is why it helps to work with an experienced attorney.

The attorneys of Allen Gabe Law, P.C. can help negotiate the division of assets and debts for divorcing couples in Schaumburg, IL.  We will take the time to understand the assets and debts involved and help negotiate a settlement that is in your best interests.  Negotiating sensitive issues like this requires a level of skill and expertise and our attorneys have years of experience helping with these types of negotiations.

Determining Marital and Non-Marital Property

Illinois is an equitable distribution state which means that marital property is divided in a way that is determined to be equitable by the court.  Marital property is not divided in half.

Marital property is any property acquired during the marriage in either spouse’s name.  This can include homes, vehicles, joint bank accounts, personal possessions, business interests, investment accounts, and real estate property.  Marital debts are also included in the division of marital property.  During a divorce, the court will grant each spouse what they deem to be an equitable share of the marital property, including assets and debts.

Non-marital property incudes property acquired by one spouse before the marriage or after the legal separation as well as property that was a gift or inheritance to one spouse during the marriage.  If there is a pre-nuptial agreement, any property included in the agreement is not considered marital property and therefore not subject to division.

In many cases, it can be difficult to tell marital and non-marital property apart.  One such situation is when a spouse moves into a home owned by the other spouse prior to the marriage, but contributes to the mortgage payment, maintenance, and home improvements.  In a case like this, an attorney would have to help determine whether the spouse that contributed to the non-marital property of the other can be reimbursed for their contribution.

Division of Marital Property with Allen Gabe Law, P.C.

Separating marital from non-marital property, and marital from non-marital debts, can be a complicated issue.  Our attorneys are experienced dealing with matters concerning the division of marital property and debts and we will work to protect your rights and interests during negotiations.  If we cannot reach a settlement, our attorneys are prepared to represent you in court and help ensure a favorable outcome.  Our goal is to help you get your fair share of the marital property and avoid unfairly being stuck with non-marital debts.

If you are going through a divorce and have concerns about the division of marital property and debts, talk to our divorce attorneys at Allen Gabe Law, P.C.  You can reach us at (847) 241-5000, Ext 121 to schedule a free initial consultation.


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Kaili Kaminski
Kaili Kaminski
22:46 25 Jan 18
When you need a keen legal mind with your best interest at heart, Allen Gabe is the go-to man. I have known Allen on a professional level since 2010, and have been able to engage with him on several occasions as a client. Allen has always been upfront, balanced, and doesn't waste time or money. I have referred him many times, and have heard from other colleagues, and acquaintances that he has also been great to work with. I also appreciate that he participates in and is active in his industry, and within the community on social support matters.
Aristides Assimacopoulos
Aristides Assimacopoulos
04:11 15 Jan 18
Mr Gabe is an outstanding attorney. I know that the words "honest" and "attorney" are not always associated but I consider Mr Gabe extremely honest. I used him for a divorce which was very complicated and a business contract. I never ever had any concerns about his billing which was always appropriate and reasonable. Besides being an excellent attorney, he is a very personable human being who treats people with respect. During the divorce proceedings, I had to unwillingly change attorneys for reasons beyond my and Mr Gabe's control (long story). Mr Gabe, instead of dropping me like a hot potato or being upset, was gracious and helpful even in this circumstance. He assisted me in finding several good options for another attorney to represent me. I highly recommend him as being honest, competent and reasonable. I would send any of my friends or family members to him without hesitation and I will continue to utilize his services for any future matters that I have.
Zach Youngblood
Zach Youngblood
16:54 04 Jan 18
I have known Allen for several years and to put it simply: There is no one I trust more to take care of my friends, family and personal legal matters than Allen Gabe. Specifically Divorce and Family Law. I have the utmost respect for him and he is truly First Class all the way. His office is extremely responsive. His vast experience, integrity and professionalism are a great comfort to those he represents.
mike kies
mike kies
15:12 08 Jan 18
Allen Gabe is an outstanding attorney, his experience in family, business and corporate law and litigation is second to none. I have worked with Allen in a variety of areas and his biggest strength is his ability to connect, engage and represent his clients in a way that is ethical, with a high level of respect and cooperation which has created outstanding results to all parties he has served!
Tom Gosche
Tom Gosche
16:13 11 Jan 18
Allen is an outstanding lawyer. Not only is he knowledgeable, he can think outside the box. He asked lots of questions and came up with a solution that saved me thousands of dollars. I cannot recommend Allen and his staff enough!
Pamela Ryan
Pamela Ryan
23:13 22 Aug 18
Allen Gabe is the best Lawyer we have ever had! He represented us in Lake County and we could not be happier with the results! He fights for Fathers rights and that support meant everything to us! His office staff was always respectful and responsive to all our questions and needs. If you want a lawyer that you can TRUST and know he has your best interest in all aspects... you need to retain Allen!Thank you Allen for representing us and we now have you in our corner for any future needs.Sincerely,Dennis and Pam
M Gonzalez
M Gonzalez
03:44 12 Sep 18
I have had the opportunity to have worked with Mr Gabe.He will use your children and use parental alienation tactics, taking your kid for a ride while double dipping in both the petitioner's and respondent's bank accounts. Unfortunately your family will spend a lot of money when working with this guy. He likes to inflame the divorce proceedings to his financial gain. I find him difficult to work with when he uses parental alienation and puts children right in the middle of proceedings. If you have children, be careful of this guy, he is willing to put your kids through the low road, during a divorce.
M Gonzalez
M Gonzalez
17:07 18 Sep 18
I have had the opportunity to have worked with Mr Gabe.He will use your children and use parental alienation tactics, taking your kid for a ride while double dipping in both the petitioner's and respondent's bank accounts during divorce court proceedings.. Unfortunately your family will spend a lot of money when working with this guy. He likes to inflame the divorce proceedings to his financial gain. I find him difficult to work with when he uses parental alienation and puts children right in the middle of proceedings. If you have children, be careful of this guy, he is willing to put your kids through the low road, during a divorce and you have to ask yourself if that’s the price you’re willing to pay?
M Gonzalez
M Gonzalez
12:10 21 Sep 18
I have had the opportunity to have worked with Mr Gabe.He will use your children and use parental alienation tactics, taking your kid for a ride while double dipping in both the petitioner's and respondent's bank accounts during divorce court proceedings.. Unfortunately your family will spend a lot of money when working with this guy. He likes to inflame the divorce proceedings to his financial gain. I find him difficult to work with when he uses parental alienation and puts children right in the middle of proceedings. If you have children, be careful of this guy, he is willing to put your kids through the low road, during a divorce and you have to ask yourself if that’s the price you’re willing to pay?Good luck on your search for a proper divorce lawyer.
M Gonzalez
M Gonzalez
20:06 13 Dec 18
I have had the opportunity to have worked with Mr Gabe.He will use your children and use parental alienation tactics, taking your kid for a ride while double dipping in both the petitioner's and respondent's bank accounts during divorce court proceedings.. Unfortunately your family will spend a lot of money when working with this guy. He likes to inflame the divorce proceedings to his financial gain. I find him difficult to work with when he uses parental alienation and puts children right in the middle of proceedings. If you have children, be careful of this guy, he is willing to put your kids through the low road, during a divorce and you have to ask yourself if that’s the price you’re willing to pay?Good luck on your search for a proper divorce lawyer.Update: As you can see, Mr Gabby is willing to put his client’s and his client’s parents identity, who have a hell of a back story, up against a court order of keeping the details confidential. He tries hard to double dip. He outright omits facts in his handling of court orders. He is lawyer who partakes in parental alienation. If you’re a lawyer who never has worked against him, double check his writing of court orders. And what is the best way to take away someone’s creditably? Try to call them crazy. Nice try.Really? You’ve just outed your client. Nice job, Mr Gabby.
M Gonzalez
M Gonzalez
16:29 17 Dec 18
I have had the opportunity to have worked with Mr Gabe.He will use your children and use parental alienation tactics, taking your kid for a ride while double dipping in both the petitioner's and respondent's bank accounts during divorce court proceedings.. Unfortunately your family will spend a lot of money when working with this guy. He likes to inflame the divorce proceedings to his financial gain. I find him difficult to work with when he uses parental alienation and puts children right in the middle of proceedings. If you have children, be careful of this guy, he is willing to put your kids through the low road, during a divorce and you have to ask yourself if that’s the price you’re willing to pay?Good luck on your search for a proper divorce lawyer.Update: As you can see, Mr Gabby is willing to put his client’s and his client’s parents identity, who have a hell of a back story, up against a court order of keeping the details confidential. He tried hard to double dip. I have the petitions. He outright omits facts in his handling of court orders. He is lawyer who partakes in parental alienation. If you’re a lawyer who never has worked against him, double check his writing of court orders. He will try to omit and change things if you’re not looking. Plus his penmanship for a professional is horrible.And what is the best way to take away someone’s creditably? Try to say they have erratic behavior. No. Nice try to deflect this poor performance review on yourself Mr Gabe. You need to accept responsibility of the parental alienation you help take part against my son and your poor professional ethics you display.Nice job, Mr Gabe. You just outed your client.
M. Jackson
M. Jackson
23:48 26 Jan 19
Mr. Gabe sold me during the consultation in that he could and would be able to take over my family matter case. Upon hiring him I expressed my immediate concerns regarding parenting time and the need to address this with the opposing attorney, that never occured. In the span of 3 months I still do not know where my child resides nor was a schedule decided upon for parenting time. Secondly the charges discussed in the consult were not the actual charges I recieved. For example, I was charged for travel time to/from court plus parking to the tune of $700 in addition to his standard fee to appear in court totaling $1500 for just 1 appearance. There were also several other charges and the depletion of my retainer for "review" that never manifested itself into conversations with the apposing attorney, myself, or results. There was a lack of commuincation and I feel as though my concerns were not being heard and the service or lack there of reflects this. I understand the process can be long and dragged out but to be in the dark throughout, doesn't show professionalism or a care and concern for the outcome of my case. When I choose to seek new counsel he took it upon himself to use an additional $1200 of my retainer to formally withdraw unnecessarily as my new counsel had already filed her appearance. The lack of communication and unreasonable practices were consistent throughout the 3 months he represented me.
robert jenkins
robert jenkins
17:57 28 Jan 19
unprofessional, cocky, unreasonable, worse experience. Stay away from this from this guy at all cost! Stole my money! I'm in the process of filing a formal complaint on this guy. He did NOT have my best interest in my case. I'm really question the validity of his other reviews.
Patrick Panayotov
Patrick Panayotov
19:12 18 Feb 19
Expert advice and great communication is what comes to mind when working with Allen. He is fantastic at listening to the issue at hand, and formulating a productive plan on how to move forward. He is clearly a subject matter expert but has the rare ability to communicate the legalese in an easy to understand manner.
Melissa P
Melissa P
19:20 06 Mar 19
Like another reviewer, I too question the validity of all the great reviews about Allen Gabe. I hired him because I thought he was an honest guy full of integrity and truly wanted to do what’s best for me. BOY WAS I FOOLED! If you have a ton of money to waste on him, go for it. But that’s all he wants, and is all he is concerned about ......... the money!!!!! And be careful becuase he charges for administrative services such as mailing fees etc, which I found out too late is a no no. I was making payments while he was “representing” me, but it wasn’t good enough. One day out of the blue, I suddenly get a notice that demands payment in full (upwards of 20,000) within five days or he will no longer represent me ((and was so close to the end of finalizing my divorce). Obviously I don’t have have that type of cash, and a judgement was filed against me without noitice or even time for me to respond. At this point I had already made about 12000 in payments! So it’s not like I wasn’t trying. Today, he still continues to not accept a payment plan and also continues to accrue 9% interest per year. He’s a hypocrite too. He once told me throughout my divorce proceedings that he cant squeeze water out of a rock (referring to my now ex husband who fought to not have to accept any financial responsibilities for his 3 kids). But right now, he is sure doing everything in his power to squeeze water out of a rock. Bottom line.....he does not care about you. He cares ONLY about the money.
Mia M
Mia M
21:42 28 Mar 19
I highly recommend Allen Gabe. He is very well organized, well prepared, extremely thorough and knowledgeable of Illinois divorce law. With compassion and great dedication, he helped me navigate an extremely difficult divorce spanning several years involving complicated financial and parenting issues. He was a tremendous asset and comfort to me during court room appearances and used his many years of experience to achieve a very positive result. Great attorney!
M Gonzalez
M Gonzalez
04:29 31 Mar 19
I have had the opportunity to have worked with Mr Gabe.He will use your children and use parental alienation tactics, taking your kid for a ride while double dipping in both the petitioner's and respondent's bank accounts during divorce court proceedings.. Unfortunately your family will spend a lot of money when working with this guy. He likes to inflame the divorce proceedings to his financial gain. I find him difficult to work with when he uses parental alienation and puts children right in the middle of proceedings. If you have children, be careful of this guy, he is willing to put your kids through the low road, during a divorce and you have to ask yourself if that’s the price you’re willing to pay?Good luck on your search for a proper divorce lawyer.Update: As you can see, Mr Gabby is willing to put his client’s and his client’s parents identity, who have a hell of a back story,on what they did up against a court order of keeping the details confidential. He tried hard to double dip to get money from both sides of this divorce. I have the petitions where he tries. He outright omits facts in his handling of court orders. He is a lawyer who partakes in parental alienation. If you’re a lawyer who never has worked against him, double check his writing of court orders. He will will omit facts and change things if you’re not looking. Plus his penmanship for a professional is horrible. It's really chicken scratch to be considered "professional".And what is the best way to take away someone’s creditably? Try to say they have erratic behavior. Nice try to deflect this poor performance review on yourself Mr Gabe. You need to accept responsibility of the parental alienation you help take part against my son and your poor professional ethics you display.By using my name , you just outed your client. Well done. How easy it is to Google my name to find your client's name.Update March 30, 2019. As of today, Mr Gabe and his firm has still not provided the paperwork that is due to me to receive the money I am owed in this divorce. I still have not received any paperwork to sign, transferring ownership of certain items. If you choose to hire him, double check his work. If your up against him, warn your lawyer that he is shady and will omit facts to his benefit. If you are getting a divorce and you have kids, ask yourself, do you love them? Because this guy has and will encourage to put your kids, right in the middle. And that's not what you want to do to your children. Not young children who are old enough to remember. They are the most important thing in any divorce with children. Remember that before you start fighting with your spouse over any divorce litigation. If you're reading this and about to start a divorce, God bless you. It's rough on any family and remember, your children come first. Mr Gabe will try to encourage you to use your child and put them in the middle. I implore you, don't let him do it. The damage is long lasting to any child. Think hard and God Bless.
Amy B.
Amy B.
18:49 05 Apr 19
After struggling with my initial divorce attorney, I started searching for new representation. A co-worker referred me to Allen. After meeting with Allen, I knew immediately I needed to make a change. Although at first you may think his humor is a little dry, he is professional, very knowledgeable and, at times, quite witty.Once he had a chance to review my documents, he noticed that my case was filed incorrectly by my first attorney. He submitted the proper court documentation to finally get my divorce moving in the right direction. I have just completed my case and I would recommend Allen to any of my friends and family that would need legal advise. My proceeding was not easy and I was happy to have Allen on my side.I want to thank Allen and his team for all the support. I am very pleased with the outcome of my case.
Marlene S
Marlene S
19:04 18 Apr 19
Allen’s expertise and advice is very much appreciated. Excellent attorney, would definitely recommend for any real estate law necessities!!
Lauren Cox
Lauren Cox
16:53 18 Oct 19
Allen has been a lifesaver for my family and I. I had to switch attorneys, as I needed an attorney that understood that I was in a war battle(not the typical divorce). Hiring Allen was the best decision I made concerning my case. While hiring expert counsel like Allen is not cheap, he is not just about the money(like many attorneys are). Allen not only fought for me, but he fought for my child as well. Allen was precise and tactical, and his methods yielded great results in my case. If you need a fierce but compassionate litigator Allen is the perfect choice.
Bill Hagerott
Bill Hagerott
13:38 12 Oct 20
What I have most valued about Allen (unlike many of the attorneys I've met) is that he provides truly objective assessments and gives viable options for very difficult divorce-related decisions, even when the client (me) doesn't like it. This is incredibly valuable to me and sets him apart.
Dave Tripp
Dave Tripp
22:43 24 Feb 21
Our son engaged Allen Gabe as his attorney in a recent divorce case. He learned of Mr. Gabe through a reference from a neighbor who was very satisfied with Mr. Gabe's representation. As we provided moral support for our son throughout the divorce process, we were highly impressed with Mr. Gabe's competence and integrity. From the onset of the case, his knowledge and application of the law were above and beyond expectations. He never failed to answer our questions and acted on challenging situations that arose quickly and with expertise. Mr. Gabe was very well prepared in multiple court appearances and it was easy to observe the mutual trust and respect shown to him, notably from the Judge as well as other attorneys. He can easily weed through the "drama” and stick to the facts, and give sound legal advice. He is a calm counselor who represented our son well and was invested in his well-being. We might add that his paralegal Jennifer was extremely thorough and outstanding. We would not hesitate to recommend others to hire Mr. Gabe in any legal issue. He is trustworthy, an excellent attorney, as well as an incredible human being.
Kari-Ann Ryan
Kari-Ann Ryan
17:26 11 Mar 21
Allan Gabe and his team are true professionals. I have referred him to friends an family and I am always confident they will be well taken care of. I highly recommend them!
Black Gold
Black Gold
23:40 28 May 21
The most unethical and most expensive lawyer ever!! I had hired him for my divorce case and he lost me everything. He kept pushing my court dates for his personal reasons with no transparancy. Then he threatened to withdraw throughout my case and on the 1st day of trial, judge refused his withdrawal. After that, he performed terribly during trial, but charged me more than 50k for trial. Please save your money and do not hire him.
Medini Sardeshpande
Medini Sardeshpande
00:14 29 May 21
I hired Mr Gabe as my attorney and the case went on for almost 3 years majorly because of multiple continuances due to his sickness. Instead of being transparant & honest, he took many decisions without consulting me! He hid the important information from opposing counsels and failed to provide my documents; that ended in more litigation and affected final outcome of the case. He filed MANY motions with multiple hrs, revisions and dollars spent; but did not follow through any of them. He would only forward all emails with no review comments and absolutely no strategies! And then overly charge for response prepared with my review comments. He spent many $'s preparing for trial, but hardly opened his mouth during the entire trial. He did not have best interest in my case and ONLY cared about his fees!His total charges in my case were above $150k and even though I was paying every invoice received on time, he lost my entire case! His hourly rates are very high ($450) and he even charges for commute ($350), parking, tolls, printouts, files etc ridiculously high! He ordered trial transcripts during the trial; which he did not even bother to read.Highly unprofessional, unethical, rude, disloyal, greedy - please please stay away from him. Please don't get fooled by his fancy office setup and peppy talks!
Jessica Schildgen
Jessica Schildgen
21:35 01 Jun 21
Mr. Gabe is incredibly knowledgeable and experienced in his field and it is such a pleasure to work with him. He’s detail-oriented, professional and will tell you what you need to know! Thank you for your support!
A W
A W
02:39 26 May 22
5 solid stars, everyone is so helpful.
Linda Dressler
Linda Dressler
18:38 11 Jun 22
When you need someone professional, experienced and knowledgeable in your corner, this is the man for the job. Allen Gabe is the one to hire! I have closed dozens of real estate transactions with him over the years - and highly recommend him!
Jeannette Duncan
Jeannette Duncan
17:21 21 Jul 22
I began the interview process for a lawyer after filing for divorce per se and phone interviewed Mr Gabe first, as a referral from a good friend. Within 45 minutes of the call ending, Mr Gabe called me back with information about my ex that I wasn't at all aware of. I hired him without interviewing any further lawyers. I also knew I was bringing in a 'heavy hitter' which my ex was not expecting. Filing for Divorce and Hiring Mr Gabe are the best two decisions I have made in a few decades.The divorce process took 3X longer than it should have and had several ugly turns along the path. Mr Gabe has an affect that continued to keep me 'off the ledge'. Heaven knows how many calls started with me crying and then with his kindness and knowledge would I 'Rise Up' at the end of the call.Divorce is not what I ever had planned, but eventually became necessary and I had Guardian Angels send Mr Gabe to me to see it through. For my process, he was not only the divorce lawyer but also fought for fairness and rights for me.
Gina Manon
Gina Manon
20:10 03 Oct 22
Just like all the money hungry lawyers in the “Devil’s Advocate “He truly doesn’t care. Doesn’t listen. Only hears chaching!So make sure you have plenty of CASH$$$$$$$$$$$$$$$$$$$$$!!!!!So whoever bothers to read this review Good luck! 🪦
J Cubs
J Cubs
12:32 15 May 23
If your looking to retain an attorney that will fight for your rights; Allen Gabe is your man.In my case, there is a child that I didn't know of until the State of Illinois Child Support came after me 2.5 year after the child was born. It was a one night stand thing.Anyhow, after 14 years of not hearing anything and paying my support, I get a letter saying I wasn't paying my fair share and plaintiff was sureing for not keeping current. Basically, the mother wanted more money.I hire Mr. Gabe, and it was the best thing I ever did. After several months of negotiating, we reach an agreement which I was good with. Allen fought every inconsistency the other attorney was telling the court.His representation is worth every penny.
Michele Domaracki
Michele Domaracki
17:13 28 May 14
I worked with Allen for over a year on my divorce. From our first meeting I began to feel better about the unfortunate situation I found myself in. I could not have been more pleased. He helped simplify a difficult situation and gave me complete confidence and security. He communicated well, made order out of chaos and encouraged me along the way. His team was also professional, friendly and helpful. I'll always be grateful to Allen and his team for helping me get through the most difficult time in my life. If you find yourself in a challenging legal situation, you want a man like Allen on your side, believe me!
Donna Marek
Donna Marek
20:36 29 May 24
This case was almost 20 years in the making. 20 years of physical ,emotional, financial and psychological abuse by the father of my 3 children.I met Mr.Gabe and he assured me that I had already won but it takes time, patience and faith in our justice system.He did not lie and I couldn’t be happier with the outcome. I won in every area I was seeking. Justice against my abuser. It was served today.
Gary Newland
Gary Newland
16:00 26 Jul 24
great lawyer that knows the law and cares about people! I highly recommend Allen Gabe.
Paul Gude
Paul Gude
13:33 06 Oct 24
Allen Gabe helped me with the closing of my house. Not only did he explain every part of the process, but his attentiveness and good humor made what could have been a very tedious process a pleasant one!
Brian Corley
Brian Corley
04:59 16 Oct 24
He is a terrible attorney, he will continue your case without consulting you. He won’t fight for you he will sit and say nothing. He will charge you for minor charges. The absolute worst attorney ever.
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