Divorce often raises difficult questions about property division, especially when significant assets are involved. One area that frequently causes confusion is inheritance. Many individuals are unsure whether money or property received from a loved one will remain theirs alone or be divided with a spouse. In Illinois, the treatment of inheritance depends on how the asset is classified and whether it has been kept separate during the marriage. Understanding these rules is essential to protecting your financial interests in a divorce.
If you are a Chicagoland resident preparing for divorce, here is what you need to know about inheritance and property division in Illinois.
What Is Considered Inheritance in Illinois Family Law?
For purposes of family law in Illinois, “inheritance” refers to money, real estate, investments, or personal property passed down through a will, trust, or intestate succession (when someone dies without a will).
For example, if your grandmother leaves you $75,000 in her will or you inherit a family home in Naperville from your parents, both of these are treated as “inheritance” under Illinois law. An experienced Illinois divorce attorney can help you determine how those inherited assets are classified in your divorce.
Why Inheritance Is Usually Nonmarital Property in Illinois
A key part of any Illinois divorce is dividing assets into two categories:
- Marital property includes assets acquired by either spouse during the marriage, such as salaries, retirement savings, or your marital home in Chicago.
- Nonmarital property includes assets owned before marriage, gifts, inheritances, and certain legal settlements.
Illinois family law makes clear that inheritances belong to the individual who receives them, not the marriage as a whole. That means an inheritance is usually considered nonmarital property and is not divided between spouses in divorce.
For example, if your uncle leaves you $20,000 during your marriage and you keep it in a separate account under your name only, the law recognizes that inheritance as yours alone. However, an Illinois divorce lawyer will caution you to be careful about how you handle those funds, since mixing them with marital assets can change their legal status.
How Inheritance Can Become Marital Property
One of the biggest mistakes people make is unintentionally turning inheritance into marital property by “commingling” it with marital assets. This can include using inherited funds as a down payment on a family home titled jointly with your spouse or just depositing inheritance money into a joint checking account with your spouse.
Once commingled, inheritance may be considered marital property subject to division in an Illinois divorce—whether that was your intention or not. If you are unsure whether your inheritance has been protected, an Illinois divorce attorney can evaluate your situation and explain your options.
Inheritance and Income in Divorce Cases
Even if inheritance remains nonmarital property, it can still impact divorce proceedings in Illinois. The reason is that income generated from inheritance—such as rental income from inherited property, dividends from inherited investments, or withdrawals from an inherited trust account—may be counted as income for calculating child support or spousal maintenance. This does not mean that the actual inheritance will be split between you and your spouse, but it may impact the amount you have to pay in support.
Call Hayes Law, LLC Today
When it comes to inheritance in divorce, Illinois law can be complicated—and costly if mistakes are made. Protecting your rights requires the guidance of an experienced Illinois divorce lawyer who understands how courts classify and divide property.
At Hayes Law, LLC, we represent clients throughout Cook, DuPage and Lake County and help them navigate complex divorce issues, including inheritance, property division, child support, and spousal maintenance.
Call Hayes Law, LLC today to schedule a consultation with a dedicated Illinois divorce attorney. Let us help protect your inheritance, your assets, and your future.
