Lombard Office
630-426-0196
Text Us Now
630-426-0196

Do I Have to Share My Inheritance in an Illinois Divorce?

 Posted on August 06, 2025 in Divorce

Arlington Heights, IL property division lawyerDividing property is arguably the most contentious step in a divorce. Each state has laws governing property division, and inheritance is a significant consideration for many couples. If and how it is divided depends on your circumstances. For help with your specific case, speak with an experienced Arlington Heights, IL property division attorney.

How Is Property Divided in an Illinois Divorce?

Illinois follows the rule of equitable distribution. This means that shared property is divided based on what is fair rather than an equal split. The court looks at several factors when dividing assets, such as what you each make in income and what your individual needs are.

Under 750 ILCS 5/503, marital property includes most things either spouse acquires during the marriage. This includes income, homes, vehicles, retirement accounts, and even debts. However, some types of property, such as inheritance or gifts received by one spouse, may be excluded from the marital estate if certain conditions are met.

Is Inheritance Considered Separate Property in Illinois?

Generally, inheritance is considered non-marital property in Illinois. According to Section 503(a)(1) of the Illinois Marriage and Dissolution of Marriage Act, property acquired by gift, legacy, or descent is not subject to division. The key is that it has to remain separate from marital assets. If you receive an inheritance and keep it in your name only, in a separate account, and do not mix it with shared funds, it will likely remain yours. For example, if you inherit $30,000 and deposit it into a personal savings account that your spouse does not have access to, it should stay classified as non-marital property.

Could Inheritance Ever Be Marital Property in an Illinois Divorce?

In some cases, inherited property can lose its protected status and become part of the marital estate. This happens through commingling, when non-marital and marital funds are mixed together. If the court cannot clearly trace the inheritance back to its source, it may be considered shared property.

For example, using inherited money to pay for home improvements on a jointly owned house or putting it in a shared bank account can turn that money into marital property. The law also recognizes the idea of contribution and reimbursement. Under Section 503(c)(2), a spouse may be reimbursed if they used non-marital property to benefit the marital estate, but this is not guaranteed.

Additionally, Section 503(c)(1) of the Illinois Marriage and Dissolution of Marriage Act states that the court must consider each spouse’s role in acquiring and preserving property. If you used your inheritance in a way that supported both of you or increased the value of shared assets, it might be divided. To protect your inheritance, keep thorough records and avoid combining it with your marital finances. An attorney can help you create a clear separation between your personal assets and those acquired during the marriage.

Talk to an Experienced Arlington Heights, IL Divorce Attorney Today

If you want to protect your inheritance during a divorce, you should speak with an attorney who understands how Illinois courts classify different types of property. Without proper planning, what starts as non-marital property can become part of the marital estate.

At A. Traub & Associates, our Arlington Heights, IL property division lawyers bring over 15 years of experience and a strong record of results. We have been recognized as Super Lawyers and hold the highest possible rating on Avvo for our commitment to excellence. This recognition reflects the success we have achieved for our clients and the respect we have earned from other legal professionals. Contact us at 847-749-4182 today for guidance and personalized support during your divorce.

Share this post:
Illinois State Bar Association Northwest Suburban Bar Association DuPage County Criminal Defense Lawyers Association DuPage County Bar Association Illinois Association Criminal Defense Lawyers American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners
Back to Top