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Prenuptial Agreements in Illinois

Prenuptial agreement laws, enforceability, and requirements in Illinois. Illinois follows equitable distribution.

Property Type

Equitable

Filing Fee

$210–$340

Median Cost

$11,000–$48,000

Annual Divorces

42,000+

Understanding Prenuptial Agreements in Illinois

Illinois processes approximately 42,000+ divorces annually. Understanding your rights and options specific to Illinois is essential before making decisions that will affect your finances and family for years to come.

Illinois follows equitable distribution rules for dividing marital assets. The state only allows no-fault divorce. Filing fees are $210–$340, with a residency requirement of 90 days.

The median cost ranges from $11,000 for uncontested cases to $48,000 for contested divorces. Under 750 ILCS 5/401, courts consider multiple factors when making decisions about property, support, and custody.

Common Questions

How long do you have to live in Illinois to file for divorce?
Illinois requires 90 days of residency before you can file for divorce. 750 ILCS 5/401 governs the filing requirements.
Is Illinois a community property or equitable distribution state?
Illinois follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Illinois?
Filing fees in Illinois range from $210–$340. The median total cost is approximately $11,000 for uncontested divorces and $48,000 for contested cases.
How long does a divorce take in Illinois?
Illinois has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Illinois?
Illinois uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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This page provides general information about prenuptial agreements in Illinois and is not legal advice. Verify current statutes with 750 ILCS 5/401 or consult a licensed Illinois attorney. Last reviewed March 2026.