Examples of Non-Marital Property in Illinois Divorce

 Posted on July 14, 2023 in Illinois Divorce

In divorce cases, dividing property between spouses can be complex and emotionally challenging, as can many issues that arise during divorce proceedings. Each state has its own set of rules and regulations to determine the equitable distribution of marital property. In Illinois, a key concept to grasp is the distinction between marital and non-marital property. Today, we will shed light on the latter category by providing examples of what constitutes non-marital property in an Illinois divorce. If you are concerned regarding what is marital property and what is not, contact a divorce lawyer to ensure you understand how each form of property may be a factor in your divorce.

Considerations and Key Examples of Non-Marital Property

Here are forms of non-marital property, including:

• Property acquired before marriage – Non-marital property typically includes property obtained by an individual before their marriage. For instance, if a person owned a residence prior to getting married, that property generally remains a separate asset and is not subject to division during the divorce process.
• Gifts and inheritances – If one spouse receives gifts or inheritances during the marriage, these are often considered non-marital property. Whether it is an inheritance from a deceased relative or a valuable piece of jewelry gifted by a family member, such assets are typically exempt from division.
• Property acquired after a legal separation – This form of property, which must be acquired after a legal separation or the commencement of divorce proceedings, usually falls under the non-marital property category. This can include real estate purchases, investments, or other valuable assets acquired solely by one spouse during the legal separation or once the divorce has begun.
• Prenuptial and Postnuptial Agreements – If a couple has entered into one of these agreements and explicitly designates certain property as non-marital, the court typically upholds these agreements. These documents outline in advance how property will be divided if a divorce occurs, providing an extra layer of protection under Illinois law.
• Property designated as non-marital through tracing – Sometimes, property interests can partially fall under the non-marital category while partially falling under marital property. In such cases, a tracing method may be utilized to determine the extent of non-marital property. For example, suppose one spouse uses inherited funds as a down payment on a jointly-owned home. In that case, a tracing method can be employed to determine the extent of non-marital equity.

Contact a Kane County Divorce Lawyer

For legal assistance, contact the experienced St. Charles divorce attorneys with Weiler & Associates, Inc.. Call 630-331-9110 for a private consultation.

Source - https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm