Can I Keep My Inheritance After Divorce in Illinois?

 Posted on July 26, 2025 in Divorce

Dividing assets during a divorce can be stressful, especially when inheritance is involved. If you received money or property during your marriage and are now facing divorce, you may be concerned that your spouse might claim a portion. In Illinois, the way inheritance is addressed in the asset division stage of a divorce often depends on how that inheritance was handled. A qualified DuPage County, IL family law attorney can offer tailored insight into how this might apply to your specific circumstances.

Is Inheritance Considered Marital or Non-Marital Property in Illinois?

Under Illinois law, marital property includes most assets and debts acquired during the marriage, regardless of whose name is on the title. However, inheritance is listed as one of the possible exceptions. According to 750 ILCS 5/503 in the Illinois Marriage and Dissolution of Marriage Act, property received by one spouse through inheritance is generally considered non-marital property, meaning it belongs only to the person who received it. That said, it is still possible for an inheritance, or a portion of it, to become marital property under certain circumstances.

How Can an Inheritance Become Commingled in Illinois?

Commingling is when non-marital property and marital property are combined in some way that impacts how the assets are classified. If you deposit your inherited funds into a joint bank account, use them to pay off a joint mortgage, or title inherited property in both your names, the inheritance is commingled and the court may determine that you intended to share it.

This means that money or property that started off as a non-marital asset is transformed into a marital asset that is subject to division in divorce. Proving that an inheritance should remain separate often requires careful documentation and sometimes testimony. A family law attorney can help you gather documentation, trace the inheritance, and argue that it remained separate property. In some cases, a forensic accountant may be helpful to show how funds were used.

Contact a Wheaton, IL Asset Division Lawyer

At Fawell & Fawell, we take a practical, results-oriented approach to resolving divorce matters. Our team understands how important it is to protect what is rightfully yours. Call 630-871-2400 to schedule a free consultation with a knowledgeable DuPage County, IL divorce attorney.