Yes, inheritances are generally considered non-marital property and can remain with the recipient, as long as they have not been commingled with marital assets.
Understanding Inheritance and Divorce in Illinois
In Illinois, inheritances received by one spouse during the marriage are typically classified as non-marital property. This means that the spouse who received the inheritance is entitled to keep it, provided it remains separate from shared assets. However, if the inheritance has been commingled—such as being deposited into a joint account—it may be treated as marital property and subject to division.
Legal Context for Inheritances in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), inheritances are excluded from the marital estate unless they have been commingled or used for the benefit of both spouses.
Key Factors Courts Consider:
- Source of the Inheritance:
- An inheritance must be clearly identifiable as a gift to one spouse.
- Commingling of Assets:
- If the inheritance is deposited into a joint account or used for joint expenses, it may be treated as marital property.
- Documentation:
- Proof of the inheritance, such as wills, trust documents, or account statements, helps establish its non-marital nature.
Example Scenario:
A spouse inherits $50,000 and deposits it into a separate account. If the funds remain untouched and separate, they are likely to be considered non-marital property. If the money is used to pay off a joint mortgage, the court may classify it as marital property.
Steps to Protect Your Inheritance
- Keep the Inheritance Separate:
Maintain a separate bank account or investment account for your inheritance. - Document the Source:
Retain records proving the inheritance, such as the will or trust document and account statements. - Avoid Using the Inheritance for Joint Expenses:
Refrain from using the funds for marital purposes to prevent commingling. - Consult an Attorney:
Seek legal advice to ensure your inheritance is protected during the divorce process. - Present Evidence in Court (if necessary):
If the inheritance’s classification as non-marital property is disputed, provide documentation to support your claim.
How Attorneys Can Help
An experienced family law attorney can:
- Review your inheritance and advise on how to protect it during the divorce process.
- Help you document the inheritance’s source and separate nature.
- Advocate for your rights in court if the inheritance’s status is challenged.
- Ensure other assets are divided equitably to preserve your financial security.
Need Help Protecting Your Inheritance?
Call (630) 366-1760 to consult with a family law attorney. We’ll help you safeguard your inheritance and navigate the division of assets during your divorce.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
