After years of practicing family law in Chicago, Illinois, I’ve come to find that remarrying the same person is far more common than you’d think. Divorcing that same person a second time is also common.
The division of assets from the first divorce means all those assets are respectively non-marital. 750 ILCS 5/503(a)(5) specifically contemplates this in declaring that “any judgment or property obtained by judgment awarded to a spouse from the other spouse” is non-marital.
But what usually happens is that non-marital property becomes “comingled,” or combined with marital property and becomes entirely marital. This usually happens via purchasing new property together with non-marital funds. 750 ILCS 5/503(c)(2) states that “If marital and non-marital property are commingled into a newly acquired property resulting in a loss of identity of the contributing estates, the commingled property shall be deemed transmuted to marital property.”
The fact that you put non-marital funds into a marital account, and thus “commingled” them, does not automatically change everything into marital property. You would need to give detailed information to your attorney about the “history” of these non-marital funds.
Contact my Chicago law office today to learn more about what to do in your second divorce.