What Happens to International Assets During an Illinois Divorce?

 Posted on June 18, 2025 in Division of Assets

Under Illinois law, international property acquired during marriage is not exempt from division during divorce proceedings. However, navigating the division of assets is more complex for couples with businesses, real property holdings, and retirement savings overseas. Issues can arise in practical enforcement, and cooperation with foreign legal systems is required. A Naperville, IL high net worth divorce attorney with experience in cases involving international asset division can help address these challenges to protect your right to a fair divorce decree.

How Does Illinois Law Handle Property Division?

Illinois statute 750 ILCS 5/503 from the Illinois Marriage and Dissolution of Marriage Act addresses the disposition of property and debts during divorce proceedings. Provision 5/503(a) defines marital property as all assets and debts acquired during the marriage by either spouse. Exceptions include:

• Inheritance and gifts given to one spouse

• Property excluded from division in a valid prenuptial or postnuptial agreement

• Property awarded to one spouse in a judgment

• Property acquired before the marriage, referred to as non-marital property

• The increase in the value of non-marital property

Provision 5/503(d) states that all marital property will be divided fairly, considering certain factors. Nowhere does the statute mention a requirement that property must be located in Illinois or the United States for it to be characterized as marital property and divided fairly. 

What Are the Challenges of Dividing International Assets in Illinois?

While Illinois courts have the authority to include international assets when dividing marital property, rulings do not automatically carry legal force in foreign jurisdictions. The divorce judgment can include directives regarding the division of foreign assets, but how the other country handles it can depend on several factors, including whether it recognizes U.S. divorce. As of June 2025, no federal treaty for divorce judgment enforcement exists. 

Discovery and Disclosure Issues

Locating and valuing foreign assets can be difficult. The judge may need to determine the value of overseas property based on testimonies from both parties and expert witnesses from the foreign country. Sometimes, the judge will simply reserve judgment, meaning postpone making a judgment, because they have no way to make a fair call. Either way, Illinois statute 750 ILCS 5/401(b) stipulates that the court cannot ignore foreign assets. The judge must either divide them or officially reserve the issue. 

When the issue is reserved, both parties may try to register their final Illinois divorce decree with the foreign country, allowing that country’s laws to govern how the property is divided. More often than not, couples will negotiate among themselves to avoid the hassle.

Personal Jurisdiction in Illinois Courts

Even though the courts do not have jurisdiction over foreign property, they do have personal jurisdiction over the divorcing spouses under 735 ILCS 5/2-209. This means the court cannot force a country to divide property, but it can force one spouse to take steps, such as signing a deed or releasing a bank account, that will lead to division.

Talk to a Naperville, IL High-Asset Divorce Attorney Today

Dividing international assets in an Illinois divorce involves careful valuation and legal strategies that cross jurisdictions. Sometimes, it requires creative enforcement solutions. If you or your spouse own property abroad, working with a legal representative who understands the implications of dividing complex assets is invaluable to your case. The DuPage County, IL high-asset divorce lawyer at Calabrese Associates, P.C. is a former chair of the DuPage County Bar Association, displaying significant experience and credibility in family law practice. Call 630-393-3111 to schedule a consultation today.