Our experienced Chicago divorce attorneys understand how personal and emotional the divorce process can be—especially when it comes to protecting assets that have deep family meaning. One of the most common concerns we hear from clients is how to safeguard inherited assets during divorce. If you’ve received money, property, or other assets from a parent, grandparent, or relative, you may be wondering if your spouse has a legal right to a portion of it. The good news is that Illinois divorce law provides certain protections for inherited assets—but only if they are handled correctly.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503), property is classified as either marital or non-marital. Marital property is divided equitably between the spouses during divorce, while non-marital property belongs to only one spouse. Inheritances are generally considered non-marital property. However, if the inherited asset has been commingled with marital property or used in a way that blends it into the marital estate, it can become subject to division.
The distinction between marital and non-marital property seems simple, but it becomes complicated when the line between the two is blurred. That’s where we come in. Our role is to ensure your inherited property remains protected by gathering documentation, assessing the history of how the asset was handled, and preparing a clear legal argument to support your rights under Illinois law.
Section 503(a)(1) of the Illinois Marriage and Dissolution of Marriage Act defines non-marital property to include “property acquired by gift, legacy or descent.” This means inheritances are not automatically part of the marital estate—so long as they are kept separate. Problems arise when the inherited asset is placed into a joint account, used to purchase a home in both spouses’ names, or otherwise mixed with shared funds.
If your inheritance was deposited into a joint bank account or used to benefit the marriage, the court may determine that you intended to treat it as marital property. This process is known as transmutation. In such cases, even though the asset started as non-marital, it may lose that protection without clear evidence to the contrary.
As your attorneys, we take several key steps to help shield your inherited assets during divorce:
The earlier you involve legal counsel, the more effectively we can help preserve the integrity of your inheritance.
An inheritance includes any money, real estate, or other property received from a deceased family member through a will, trust, or estate distribution. Under 750 ILCS 5/503, it is considered non-marital property when kept separate from shared marital assets.
Inherited money is typically considered non-marital property. However, if it was placed in a joint account, used to pay marital expenses, or invested in joint property, it may lose its protected status. Keeping inheritance separate is essential to avoid division.
Keep records of the inheritance, such as the will, trust document, or bank transfers. Show that the funds were kept in an account in your name only and not used for marital expenses. We use these documents to argue the asset should remain non-marital.
Yes, if the house is titled in both spouses’ names or the inheritance is combined with marital funds, it may be considered marital property. To avoid this, the house should be titled in your name only, and documentation should show the source of the funds.
Property received before the marriage is considered non-marital property. However, if it is mixed with marital assets after marriage, it may become subject to division. Keeping the property separate throughout the marriage helps preserve its non-marital status.
Yes. Using inherited funds to pay joint debts or household expenses may signal to the court that you intend to share the asset, weakening your claim that it is non-marital. Proper legal advice can help you avoid unintended transmutation.
Length of marriage alone does not give your spouse a right to your inheritance. However, if the inheritance was treated as marital property or significantly benefited the marriage, the court may consider it part of the marital estate unless you can prove otherwise.
You should speak with an attorney immediately. We can help gather evidence, analyze the facts, and argue that the inheritance should be excluded from property division. Timely legal action strengthens your position and protects your rights.
Yes. A properly written prenuptial or postnuptial agreement can clearly designate inherited
assets as non-marital and protect them from division in divorce. These agreements must meet legal standards to be enforceable, so it’s important to consult with a lawyer.
The sooner, the better. Even before filing for divorce, it’s important to preserve evidence and avoid actions that could change the status of the inheritance. Early legal advice can help you avoid costly mistakes and protect what’s rightfully yours.
At Gordon & Perlut, LLC, we know how important your inheritance is—not just financially but emotionally. We work hard to ensure that assets passed down to you from loved ones remain protected and outside the marital estate.
If you’re facing divorce, contact our Chicago divorce attorney at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We proudly represent clients across Illinois with clarity, care, and results.