Ideally, you and your spouse can resolve property issues out of court, either through negotiation with one another, or with the assistance of your attorneys and/or a mediator. If mediation or other attempts at settlement are unsuccessful, the division of property will be determined by a judge through litigation. An Illinois judge will take into consideration several factors, including how long you were married, each spouse's occupation, the value of the property, the effects of any prenuptial agreement, each spouse's opportunity for future acquisition of assets, and who will have physical allocation of the children. Illinois is an equitable distribution state, meaning that the property is divided on an equitable basis as determined by the judge. The judge may give more weight to one or more of the factors, as he or she sees fit.